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- Privacy Daily: Chatrie’s Clarification to Fourth Amendment a Win for Privacy, Experts Say
- D.Alaska: Def’s half hour detention was without RS
- CA9: When the PC for SW dissipates, the search must stop; no GFE
- C.D.Cal.: SW for all software in gambling case was overbroad and no GFE
- E.D.Mich.: State environmental inspector who entered property to look at unlicensed seawall gets QI
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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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Congressional Research Service:
--Electronic Communications Privacy Act (2012)
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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: § 1983 / Bivens
CA11: Shooting ptf’s dog gets no QI here
Alleged unnecessary shooting of plaintiff’s dog stated claim with no qualified immunity. Plowright v. Miami Dade Cty., 2024 U.S. App. LEXIS 13613 (11th Cir. June 5, 2024):
CA11: Excessive force claim against HSI barred by Bivens/Egbert
Federal regulations permit FTCA actions for excessive force claims, so Bivens/Egbert bar this claim. Wimberly v. Selent, 2024 U.S. App. LEXIS 13557 (11th Cir. June 5, 2024). Defendant provided nothing to show he had a reasonable expectation of privacy in … Continue reading
W.D.Ark.: 4A § 1983 case stayed under Younger for ptf to litigate in state court
“Here, Plaintiff seeks compensatory and punitive damages for his improper search, seizure, and entrapment claims. Plaintiff has not alleged he is prevented from bringing his ‘entrapment,” search and seizure claims in state court. Accordingly, it is appropriate, pursuant to the … Continue reading
CA11: Excessive force claim against USMS Fugitive Task Force barred by Egbert and Bivens
USMS Fugitive Task Force shot and killed a person they were arresting. Under Egbert, there’s no Bivens claim here. Robinson v. Sauls, 2024 U.S. App. LEXIS 13432 (11th Cir. June 4, 2024) (another death knell for Bivens). Defendant abandoned his … Continue reading
E.D.Cal.: The fact mj is legal in CA doesn’t make it so in a national park; plain smell was PC
Defendant’s stop was based on a radio report of an older Lexus driving erratically. When the officer saw the car, the LPN was expired. The stop led to the officer smelling marijuana. The smell was enough to invoke the automobile … Continue reading
LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession
Defendant lacked standing to challenge the search of his shooting victim’s cell phone. Also, by statute the search of the phone more than 10 days after seizure was reasonable. State v. Lowry, 2024 La. App. LEXIS 804 (La. App. 5 … Continue reading
CA2: Ptf alleged invasion of privacy for 4A violation, and that’s enough
Plaintiff adequately alleged personal injury for his Fourth Amendment. Invasion of privacy is enough. Dismissal reversed. Amigon v. Luzon, 2024 U.S. App. LEXIS 11415 (2d Cir. May 10, 2024):
D.Mont.: 30-day delay in getting SW for seized storage building not unreasonable
In a kidnapping case, the 30-day delay in seeking a search warrant for defendant’s storage unit after its seizure was not unreasonable. “The Court next considers the degree to which the seizure and retention of Lepe’s storage unit and its … Continue reading
CA10 dissent: Bivens on its last legs
CA10, Tymkovich, Circuit Judge, dissenting: Bivens is a relic of the 20th Century and it’s just a matter of time until it’s gone. Mohamed v. Jones, 2024 U.S. App. LEXIS 11089 (10th Cir. May 7, 2024). The affidavit for the … Continue reading
D.Kan.: Preliminary hearing moots claim of lack of PC for arrest
If an arrest lacks probable cause, the preliminary hearing can moot that. Taylor v. Szewc, 2024 U.S. Dist. LEXIS 57791 (D. Kan. Mar. 29, 2024). Omitted information about the CI doesn’t support this Franks challenge. United States v. Williams, 2024 … Continue reading
W.D.Ky.: Illegal stop that was suppressed not excluded in § 1983 case
“Although the marijuana in Codrington’s car was discovered through an unreasonable search, that is immaterial to the Court’s analysis because the Fourth Amendment’s exclusionary rule does not apply to § 1983 proceedings. As long as the marijuana found in Codrington’s … Continue reading
CA6 disagrees with CA7 on de minimis injuries under § 1983 force cases
“We end with two disclaimers. As for the first disclaimer, courts have suggested that § 1983 does not provide a cause of action for ‘trifling’ injuries—whether a plaintiff alleges a violation of the First Amendment, the Fourth Amendment, or any … Continue reading
CA9: Inventory of backpack before handing it to released defendant was reasonable and within policy
Defendant’s backpack was lawfully inventory searched by the police before returning it to him after he’d been released. They substantially complied with policy. United States v. Sapalasan, 2024 U.S. App. LEXIS 7580 (9th Cir. Apr. 1, 2024) (2-1). A motion … Continue reading
CA3: Not giving ID didn’t give PC to arrest after illegal stop
“The District Court nevertheless determined that there was no constitutional violation because the officers had the right to arrest the Appellants under New Jersey law for failing to provide identification. But that conclusion puts an alleged violation of state law … Continue reading
VA: Asleep in one’s car isn’t RS
Defendant asleep in his car wasn’t reasonable suspicion. Marijuana found. Harvell v. Commonwealth, 2024 Va. App. LEXIS 142 (Mar. 19, 2024) (unpublished).* Plaintiff’s excessive force claim under Bivens is barred by Egbert. Butler v. Trett, 2024 U.S. App. LEXIS 6469 … Continue reading
MN: No REP in trash out for collection even if local ordinance prohibits people from going through trash
“A police search of garbage set out for collection does not violate the Fourth Amendment to the United States Constitution or article I, section 10 of the Minnesota Constitution even if a local municipal ordinance prohibits the inspection or removal … Continue reading
C.D.Cal.: Inquiry into actions of others besides the officers involved in search is a new Bivens claim and barred
“Second, the type of evidence necessary to prove Plaintiffs’ case differs from Bivens. Bivens required only an inquiry into the actions of arresting officers. Meanwhile, Plaintiffs challenge the propriety of Zellhart’s warrant application and special search procedures, requiring the Court … Continue reading
D.P.R.: Alleged false GJ testimony as an alleged 4A violation rejected as new Bivens ground
“Plaintiff grounds his Bivens cause of action in an allegation that Garay, a CBP officer, violated his Fourth Amendment rights by procuring his indictment based on supposedly intentional false testimony in which Garay stated that Plaintiff knowingly possessed and transported … Continue reading
CA10: USMS Fugitive Task Force sufficiently different to not fall under Bivens
The USMS is sufficiently different from the defendants in Bivens to justify Bivens not applying where there was an alleged illegal entry of the Fugitive Task Force. Also, there are alternative administrative remedies. Logsdon v. United States Marshal Serv., 2024 … Continue reading
D.N.M.: Squatter in building labeled “unsafe” had no standing
Defendant was a squatter in a building with posted sign warning it was substandard and unsafe. He had no reasonable expectation of privacy in the premises. United States v. Guzman, 2024 U.S. Dist. LEXIS 550 (D.N.M. Jan. 2, 2024). Michael … Continue reading