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- CA8: Stop unreasonably extended for drug dog; denial of suppression reversed
- N.D.Iowa: Motion for return of property after final administrative seizure denied
- CA8: No QI for nearly point black shooting protestor in eye with less than lethal device
- W.D.Pa.: No jurisdiction for class claim against TSA seizures of cash
- OH4: Inventory found pretextual
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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,
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Congressional Research Service:
--Electronic Communications Privacy Act (2012)
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"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) -
“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] -
“You know, most men would get discouraged by now. Fortunately for you, I am not most men!”
---Pepé Le Pew -
"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: Forfeiture
N.D.Iowa: Motion for return of property after final administrative seizure denied
Defendant’s motion for return of seized cash comes after administrative forfeiture became final. Denied. United States v. Mims, 2026 U.S. Dist. LEXIS 27957 (N.D. Iowa Feb. 11, 2026).* Defendant didn’t seek resolution of his motion to suppress, so the trial … Continue reading
OH6: Search claim resolved in criminal case is collateral estoppel in forfeiture
This is a forfeiture after defendant lost his search claim in his criminal case. The search issue is res judicata or collateral estoppel in the forfeiture. State v. Pitts, 2026-Ohio-292 (6th Dist. Jan. 30, 2026). Defendant’s superseding indictment raising the … Continue reading
NY Queens: SW issuing court can narrow time to execute to avoid children at home
The court was asked to issue a search warrant for execution 6 am to 9 pm. The court required 9-2 so children won’t be around. The officer agreed, the ADA did not. This explains why that’s a reasonable restriction. Matter … Continue reading
WI: Interlock device from 2008 BAC refusal proper civil penalty
Refusal of a BAC can legitimately have civil consequences without violating the Fourth Amendment per Birchfield. Here it was a 2008 refusal that led to an interlock in 2013 that was recently violated. State v. Sparby-Duncan, 2026 Wisc. App. LEXIS … Continue reading
PR Const. on evidentiary exclusion for 4A violation applies in forfeiture cases
Under the Puerto Rico Constitution, unlawfully seized evidence is inadmissible, and this includes forfeiture cases. Cruz v. Commonwealth 2025 PR App. LEXIS 2293 (Sept. 23, 2025). The probable cause question here doesn’t have to be decided. Suffice it to say … Continue reading
CA3: Cell phone owner voluntarily gave up passcode
Having voluntarily given up her cell phone passcode, she can’t suppress its contents. United States v. Curry, 2025 U.S. App. LEXIS 23865 (3d Cir. Sep. 16, 2025). Past detention for alleged unlawful reasons doesn’t give Art. III standing for possible … Continue reading
Reason: The FBI Took Her $40,000 Without Explaining Why. She Fought Back—and Lost.
Reason: The FBI Took Her $40,000 Without Explaining Why. She Fought Back—and Lost. by Billy Binion (“The twist underscores just how little accountability exists in civil forfeiture, which allows law enforcement to seize assets without charging the owner with a … Continue reading
Reason: South Carolina County Ends Its Civil Forfeiture Blitz After 20 Years
Reason: South Carolina County Ends Its Civil Forfeiture Blitz After 20 Years by Rob Johnson & Daryl James (“Operation Rolling Thunder was an unconstitutional search-and-seizure machine that subjected thousands of innocent people to pretextual, warrantless searches. Public records show that … Continue reading
D.Neb.: The fact of omissions from the affidavit for warrant that might have made it less incriminating doesn’t help any here; there was PC and evidence to be found
The fact the omissions from the warrant application might make it appear less incriminating doesn’t help here; the warrant was based on jail calls and pointed to evidence in defendant’s safe. That’s not a Franks violation. United States v. Wright, … Continue reading
N.D.Ala.: Lack of a SW signature cured by GFE
“Defendant argues that the warrant is facially deficient because the affidavit lacked a signature, a panel of the Eleventh Circuit has considered and rejected this argument. See United States v. Gordon, 686 F. App’x 702, 704 (11th Cir. 2017) (holding … Continue reading
Reason: The FBI Seized This Woman’s Life Savings—Without Telling Her Why
Reason: The FBI Seized This Woman’s Life Savings—Without Telling Her Why by Billy Binion (“Linda Martin’s lawsuit alleges that the agency violated her right to due process when it took her $40,200 and sent her a notice failing to articulate … Continue reading
M.D.Fla.: Not IAC to not call private searcher at suppression hearing where it wouldn’t have changed the outcome
Defense counsel wasn’t ineffective for not calling a “hotel maid” who found defendant’s gun at the suppression hearing that led to his ACCA sentence. He doesn’t show that she would have changed the outcome. The private search issue was litigated … Continue reading
Reason: Hawaii Can Auction Off Your Car Without Ever Convicting You
Reason: Hawaii Can Auction Off Your Car Without Ever Convicting You by Dan Alban and Elyse Smith Pohl (“Civil forfeiture allows the government of Hawaii to take your property and sell it for profit without proving you did anything wrong.”)
Reason: DEA ends airport gate searches after years of documented abuses of civil asset forfeiture
Reason: DEA ends airport gate searches after years of documented abuses of civil asset forfeiture by C.J. Ciaramella (“The Justice Department temporarily suspended the program in November because of ‘significant risks’ of constitutional violations.”):
Reason: Nevada Judge to Nevada Cops: You Can’t Use This Loophole To Get Around Civil Asset Forfeiture Reform
Reason: Nevada Judge to Nevada Cops: You Can’t Use This Loophole To Get Around Civil Asset Forfeiture Reform by C.J. Ciaramella (“In the first decision of its kind in Nevada, a judge ruled last week that state law enforcement can’t … Continue reading
WaPo editorial: The DEA shows why officers cannot police themselves when seizing assets
WaPo editorial: The DEA shows why officers cannot police themselves when seizing assets (“A DOJ inspector general report underscores the need for reforming civil forfeiture practices. … ‘Civil asset forfeiture’ sounds like a wonky term for some arcane practice in … Continue reading
Reason: Justice Department Orders DEA to Halt Airport Searches Because of ‘Significant Issues’ With Cash Seizures
Reason: Justice Department Orders DEA to Halt Airport Searches Because of ‘Significant Issues’ With Cash Seizures by C.J. Ciaramella (“The DEA paid one airline employee tens of thousands of dollars to snoop on travel itineraries and flag passengers for searches.” … Continue reading
IN: Warrantless pulling on a loose car door panel was with PC and reasonable
The officer’s warrantless pulling on a loose car door panel with probable cause was not an unreasonable search under the Fourth Amendment or state constitution. Young v. State, 2024 Ind. App. LEXIS 279 (Oct. 4, 2024). The arrival of drug … Continue reading
S.D.Ohio: Indicia of residency can be subject to search and seizure under a SW
The search warrant could seek to seize documents tending to show defendant’s control of the premises [indicia of ownership or control] under the Fourth Amendment. United States v. Moore, 2024 U.S. Dist. LEXIS 119486 (S.D. Ohio July 2, 2024). There … Continue reading
D.Ariz.: “The standard for probable cause in forfeiture proceedings resembles that required to support a search warrant”
“‘The standard for probable cause in forfeiture proceedings resembles that required to support a search warrant. The determination of probable cause is based upon a “totality of the circumstances” test, and the government’s evidence must be more than that which … Continue reading