May 2026 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Archives
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Recent Posts
- NY Columbia Co.: Alleged excessive nervousness when multiple police cars arrive at a traffic stop doesn’t add to RS
- CA4: Backpack dumped in flight in grandmother’s yard was abandoned
- GA: Virtually all-inclusive list of items to be seized wasn’t overbroad
- CA4: Dist.Ct. erred in applying search incident to arrest to suppress bag when inventory was inevitable
- OR: Even if original served warrant wasn’t the one returned, it doesn’t warrant suppression
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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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Federal Law Enforcement Training Center Resources
FBI Domestic Investigations and Operations Guide (2008) (pdf)
DEA Agents Manual (2002) (download)
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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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NACDL’s Domestic Drone Information Center
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Criminal Appeal (post-conviction) (9th Cir.)
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: Nexus
WA: There must be a nexus between the scope of a parole search and what is being looked for
“¶17 We agree with [State v. Jardinez, 184 Wn. App. 518, 338 P.3d 292 (2014)] that the [Sentencing Guidelines] Commission’s comment is strong evidence that the legislature intended that there must be a nexus between the suspected violation and the … Continue reading
TN: “Nexus” applies to PC and automobile exception
The nexus requirement of probable cause and the place to be searched applies to automobile exception searches. Here, the question is close, but the court concludes there was a showing of nexus between the vehicle and the offense. State v. … Continue reading
D.Minn.: IP address and alleged crime was sufficient nexus to def’s electronic devices
Somehow linking defendant’s address to an IP address in an investigation of use of the internet is nexus if there is otherwise probable cause to search electronic devices at defendant’s address. (How it was obtained isn’t all that important. The … Continue reading
N.D.Cal.: Going home after a drug sale from one’s van is nexus for SW for house
Defendant sold drugs from his van, but nexus was shown to his home. “[T]he fact that Johnson left his van and entered his home soon after completing a sale (the controlled sale observed here) provides a reasonable nexus between his … Continue reading
NC: Nexus is a PC question also shown by reasonable interences
It was logical to conclude that two brothers were drug dealers: they lived together which one lied about where he lived, one of them had a truck registered there, and a fair inference on the totality was that evidence of … Continue reading
E.D.Mich.: Attempt to show nexus was “bare bones,” and GFE doesn’t apply
Defendant was suspected of a robbery, and he had some thin connection to a house he’d been kicked out of because of a domestic dispute. He’d been seen taking the trash out and his car was there once. The court … Continue reading
DE: SW for house didn’t also show nexus to include outbuilding
Defendant had a reasonable expectation of privacy in a shed behind another man’s property. He’d been sleeping there for a while, and the police even listed that address on the arrest report as where he stayed. While the state Supreme … Continue reading
E.D.Tenn.: Kidnapping investigation ultimately led police to def’s rental property; he fled when they attempted to stop him; nexus to property shown
Police investigating two robberies with kidnappings got the lead on defendant from GPS in a stolen car that gave them an address. Investigating that address gave them another lead to the place ultimately searched that the robbers were renting that … Continue reading
CA11: Prior drug sale from house was nexus for SW of house
Nexus was shown for the search of defendant’s house by the prior drug transactions that occurred inside the house. This was a seven year long conspiracy. United States v. Woodard, 2016 U.S. App. LEXIS 21382 (11th Cir. Nov. 30, 2016). … Continue reading
N.D.Ohio: Def’s going home after a drug deal shows nexus for SW for house
“Here, the affidavit provides that the confidential informant had been providing information to the task force for 11 months, he had no criminal convictions, and his information has never been found to be false or misleading. (Aff. ¶ 13.) This, … Continue reading
OH3: Showing of PC justified nexus to SW for def’s home
There was probable cause to believe that evidence of defendant’s gambling and money laundering would be found in his home because he could store records at home and run his business from there. State v. Robinson, 2016-Ohio-7823, 2016 Ohio App. … Continue reading
E.D.Mich.: Affidavit failed to show nexus but it wasn’t bare bones, so GFE applies
The affidavit for the search warrant for defendant’s car failed to show nexus to the crime under investigation, but it wasn’t “bare bones” so the court applies the good faith exception to sustain it. United States v. Fletcher, 2016 U.S. … Continue reading
N.D.Ga.: Nexus shown to connect def’s cell phone in car to potential gang retaliation
Nexus can be proved by inference or direct observation. Defendant was found in his car with weapons as a FIPF in rival gang territory when he was arrested, and it’s a reasonable inference the cell phone in the car would … Continue reading
D.Minn.: Text messages provided nexus for SW for cell phone that produced CP
Defendant lived in the heated garage converted to a bedroom of a couple with two small children. One of the children said she was touched by defendant and they ordered him out of the house. Later, a search warrant was … Continue reading
Two on good faith: No showing of PC for (1) GPS warrant and (2) nexus to def’s house
Game officers got a GPS warrant for defendant’s truck because they suspected him of hunting violations. After a couple of weeks, the truck’s movements were monitored daily. The issuance of the GPS warrant was without a finding of probable cause … Continue reading
MA: SW for a cell phone requires facts for nexus to crime, not just “experience shows”
Nexus between a cell phone’s contents and a crime has to be shown by evidence, not just the officer’s experience in similar cases. Also, the phone was seized without a warrant to protect the contents from tampering, and it was … Continue reading
OH10: Leaving house to go to drug deal and returning there was nexus to house
Nexus to defendant’s house for a drug search warrant is shown by the fact that he returned to the house immediately after a drug transaction [what does that prove? Most people go home after work] and left the house to … Continue reading
W.D.Tenn.: Nexus shown to def’s home by his committing the crime on a computer in his house and shipping packages there
FedEx determined that packages were being diverted, and they narrowed it to a former employee in Memphis and his computer was creating fictitious labels on a hijacked FedEx account. A Franks challenge fails because the probable cause isn’t undermined. Nexus … Continue reading
D.Minn.: IP address used in P2P internet CP downloads linked to def’s one-family address was PC for SW for the computers in that house
IP address used in P2P internet child pornography downloads linked to defendant’s one-family address was probable cause for a search warrant for the computers in that house. United States v. Wylie, 2016 U.S. Dist. LEXIS 113669 (D.Minn. July 18, 2016), … Continue reading