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- Reason: Border Agents Search Phones Without Warrants. This Case Asks the Supreme Court if That’s Constitutional
- The Economist: Why licence-plate readers are angering Americans
- N.D.Cal.: Typo in list of crimes being investigated in affidavit for SW could be overlooked
- MN: Risk of destruction of evidence was exigency for seizure of cell phone
- CA4: Use of a cell-site simulator to locate def was a search under the 4A
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Feedspot’s Best Legal Blogs and Websites 2023-2026,
also, firm website Top 90 Criminal Law Blogs 2026 -

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ABA Journal Web 100, Best Law Blogs (2015-17) (then discontinued)
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by John Wesley Hall
Criminal Defense Lawyer and
Search and seizure law consultant
Little Rock, Arkansas
Contact: forhall @ aol.com
Search and Seizure (6th ed. 2025)
www.johnwesleyhall.com -
© 2003-26,
online since Feb. 24, 2003 Approx. 600,000 visits (non-robot) since 2012 Approx. 50,000 posts since 2003 (29,000 on WordPress as of 12/31/25) -
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Fourth Amendment cases, citations, and links -
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To search Search and Seizure on Lexis.com $ -
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General (many free):
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FBI Domestic Investigations and Operations Guide (2008) (pdf)
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Stringrays (ACLU No. Cal.) (pdf)
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Congressional Research Service:
--Electronic Communications Privacy Act (2012)
--Overview of the Electronic Communications Privacy Act (2012)
--Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
--Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
--Federal Laws Relating to Cybersecurity: Discussion of Proposed Revisions (2012)
ACLU on privacy
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Section 1983 Blog -
"If it was easy, everybody would be doing it. It isn't, and they don't."
—Me -
"Life is not a matter of holding good cards, but of playing a poor hand well."
–Josh Billings (pseudonym of Henry Wheeler Shaw), Josh Billings on Ice, and Other Things (1868) (erroneously attributed to Robert Louis Stevenson, among others) -
“I am still learning.”
—Domenico Giuntalodi (but misattributed to Michelangelo Buonarroti (common phrase throughout 1500's)). -
"Love work; hate mastery over others; and avoid intimacy with the government."
—Shemaya, in the Thalmud -
"It is a pleasant world we live in, sir, a very pleasant world. There are bad people in it, Mr. Richard, but if there were no bad people, there would be no good lawyers."
—Charles Dickens, “The Old Curiosity Shop ... With a Frontispiece. From a Painting by Geo. Cattermole, Etc.” 255 (1848) -
"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced."
—Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984). -
"The criminal goes free, if he must, but it is the law that sets him free. Nothing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence."
—Mapp v. Ohio, 367 U.S. 643, 659 (1961). -
"Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment."
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987). -
"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today."
— Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting). -
"The great end, for which men entered into society, was to secure their property."
—Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765) -
"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment."
—United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting) -
"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth."
—Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring). -
"A search is a search, even if it happens to disclose nothing but the bottom of a turntable."
—Arizona v. Hicks, 480 U.S. 321, 325 (1987) -
"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected."
—Katz v. United States, 389 U.S. 347, 351 (1967) -
“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded
rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”
—United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
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“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.”
—United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989) -
"You can't always get what you want / But if you try sometimes / You just might find / You get what you need."
—Mick Jagger & Keith Richards, Let it Bleed (album, 1969) -
"In Germany, they first came for the communists,
and I didn't speak up because I wasn't a communist. Then they came for the Jews,
and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists,
and I didn't speak up because I wasn't a trade unionist. Then they came for
the Catholics and I didn't speak up because I wasn't a Catholic. Then they came
for me–and by that time there was nobody left to speak up."
—Martin Niemöller (1945) [he served seven years in a concentration camp] -
“Children grow up thinking the adult world is ordered, rational, fit for purpose. It’s crap. Becoming a man is realising that it’s all rotten. Realising how to celebrate that rottenness, that’s freedom.”
– John le Carré, The Night Manager (1993), line by Richard Roper -
"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime."
—Johnson v. United States, 333 U.S. 10, 13-14 (1948) -
The book was dedicated in the first (1982) and sixth (2025) editions to Justin William Hall (1975-2025). He was three when this project started in 1978.
Website design by Wally Waller, Colorado Springs.
Category Archives: Consent
D.Conn.: (Attached) garage is part of curtilage
Defendant’s garage is part of his curtilage. This one was connected to the house by a door. The Dorman/McDonald factors in this case favor a finding of exigency for defendant’s detention. (The court has concern that defendant’s statement given during … Continue reading →
Reason: The DEA Claims To Be Able To Search Your Bag Without Your Consent. But Can They?
Reason: The DEA Claims To Be Able To Search Your Bag Without Your Consent. But Can They? by Patrick McDonald (“Recent footage shows a federal agent attempting to search a citizen’s bag without their consent, despite precedent saying that’s illegal.”):
CA8: It was not clearly established at the time that a dog bite is a 4A seizure
“After an on-duty police K9 bit Officer Daniel Irish while they both pursued a suspect, he sued the K9’s handler, Deputy Keith McNamara, under 42 U.S.C. § 1983 for violating his Fourth Amendment right to be free from excessive force … Continue reading →
W.D.N.Y.: Def wearing a mask to make him harder to identify doesn’t immunize his arrest on a warrant
“Wearing a mask does not immunize a wanted person from a valid arrest warrant. Here, law enforcement properly executed an arrest warrant for Defendant Apprentiace Singletary. Singletary cannot argue that his arrest was unreasonable under the Fourth Amendment because he … Continue reading →
CO: Drunk driving tip line report was not anonymous
A report through a drunk driving tip line was not anonymous. Even if it were, the officer developed reasonable suspicion before the stop. People v. Dacus, 2024 CO 51, 2024 Colo. LEXIS 565 (June 24, 2024).* Defendant’s arrest on a … Continue reading →
WA: Using software to search a cell phone doesn’t violate particularity
Use of software to search a cell phone did not violate the particularity of the warrant. The Fourth Amendment and the state constitution are intended to prevent a general rummaging, and the use of software facilitates people not looking at … Continue reading →
TX10: Even if def’s CSLI was erroneously admitted at trial, it was harmless
Even if defendant’s CSLI was erroneously admitted at trial, it was harmless on this record. State v. Roberts, 2024 Tex. App. LEXIS 4847 (Tex. App. – Waco July 11, 2024). Leave to file a successor 2255 denied. The Fourth Amendment … Continue reading →
MA: Kicking off shoes when police asked for them showed consent
Kicking off one’s sneakers when police asked for them was consent. Commonwealth v. Rodrigues, 2024 Mass. App. LEXIS 91 (July 11, 2024). This search warrant in a RICO case adequately showed probable cause for defendant’s cell phone. United States v. … Continue reading →
E.D.Ky.: This knock-and-talk didn’t turn into a “constructive entry”
“Considering the totality of the circumstances, and for whatever reason the officers had for going to Defendant’s residence, the Court concludes that the knock and talk procedure used here did not give rise to a constructive entry. As discussed above, … Continue reading →
Cal.1: California juries may be instructed on refusal of consent to blood draw and insisting on a SW as evidence of guilt
“The question presented here is this: If, following a valid arrest for such an offense, a motorist refuses to cooperate in the taking of a blood test unless a warrant is first obtained, may the jury at the motorist’s ensuing … Continue reading →
D.Utah: An A-C communication seized that was still in the hands of the taint team was not a 4A or 6A violation
An attorney-client letter was obtained by search warrant and it was isolated by the taint team. Because no case was pending at the time, the Sixth Amendment was not violated, and the dismissal or disqualification is an necessary remedy. United … Continue reading →
DE: Consent to search cell phone after false statement officers had SW was invalid
Defendant’s alleged consent to search his cell phone came after officers told him they had a warrant, which they didn’t, until the next day. Defense counsel was ineffective for not challenging the search. Matthews v. State, 2024 Del. LEXIS 202 … Continue reading →
D.V.I.: 19 warning shots from USCG helicopter to effect stop of boat wasn’t unreasonable
The Coast Guard did not use unreasonable excessive force in firing 19 warning shots from a helicopter to get defendants to stop their boat. United States v. Menocal-Mero, 2024 U.S. Dist. LEXIS 99881 (D.V.I. June 5, 2024). Viewing the bodycam, … Continue reading →
CA9: Passenger parolee’s area of car was subject to search under his waiver
Defendant parolee was a passenger in a car, and the area of the car he was sitting in was subject to search. United States v. Pullen, 2024 U.S. App. LEXIS 13604 (9th Cir. June 5, 2024). “The blood draw was … Continue reading →
CO: Statutory driver consent to testing can be revoked
Statutory consent to breath or blood test by driving can be revoked. Tarr v. People, 2024 CO 37, 2024 Colo. LEXIS 461 (June 3, 2024):
D.N.M.: Conflict of laws: Does the law of the circuit of the search apply or where the court sits?
Conflict of laws: The search was in the Ninth Circuit but the court sits in the Tenth. Which version of the independent source doctrine applies? As interesting as that question is, despite differences, it doesn’t actually matter here, because it … Continue reading →
CA11: Denial of 41(g) motion for return of property not appealable while case or investigation is going on
Denial of a Rule 41(g) motion for return of property lacks jurisdiction for an interlocutory appeal when there’s a pending criminal investigation. Burke v. United States, 2024 U.S. App. LEXIS 12590 (11th Cir. May 24, 2024). “Considering the totality of … Continue reading →
FL: Driver can be ordered from car before dog sniff under Mimms
“We hold that binding Fourth Amendment precedent permits a K-9 officer arriving midway through a lawful traffic stop to command the driver to exit the vehicle for officer safety before conducting a lawful vehicle sweep.” [Mimms] State v. Creller, 2024 … Continue reading →
D.N.M.: DEA’s failure to make a detailed inventory in violation of policy doesn’t require exclusion of evidence
The DEA’s failure to make a detailed inventory is not grounds to suppress the inventory, citing cases from other circuits. United States v. Veale, 2024 U.S. Dist. LEXIS 88011 (D.N.M. May 15, 2024). Sometimes clients are their own worst enemy … Continue reading →
DC: Accepting a law license is consent to trust account subpoenas
Being a lawyer with a trust account, lawyer’s consent to subpoenas for their trust account. The lawyer’s argument that it’s an unreasonable search is frivolous. In re Doman, 2024 D.C. App. LEXIS 191 (May 16, 2024). Defendant didn’t show standing … Continue reading →