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by John Wesley Hall
Criminal Defense Lawyer and
Search and seizure law consultant
Little Rock, Arkansas
Contact: forhall @ aol.com / The Book
www.johnwesleyhall.com -
© 2003-25,
online since Feb. 24, 2003 Approx. 500,000 visits (non-robot) since 2012 Approx. 47,000 posts since 2003 (30,000+ on WordPress as of 12/31/24) -
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Fourth Amendment cases,
citations, and links -
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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)
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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)
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Category Archives: Administrative search
CA5: Spirit Aerosystems, Inc. v. Paxton revd
Spirit Aerosystems, Inc. v. Paxton, 2024 U.S. Dist. LEXIS 219598 (W.D. Tex. Nov. 1, 2024), posted here, rev’d 2025 U.S. App. LEXIS 15838 (5th Cir. June 26, 2025).
WA: Admin. search entry through employee entrance tailgating employee into building violated statute and was suppressed
“This appeal asks us to decide whether Department of Labor and Industries (DLI) inspectors possessed authority to tailgate a fitness club member through an otherwise locked door into the fitness club to ask for permission to inspect the business premises … Continue reading
Arnold & Porter: People Are Not Documents: Texas Court Rules That Administrative Inspection Warrants Cannot Be Used for Immigration Raids of Businesses
Arnold & Porter: People Are Not Documents: Texas Court Rules That Administrative Inspection Warrants Cannot Be Used for Immigration Raids of Businesses by Mohamed Al-Hendy, Lee M. Cortes, Jr., Ryan Hartman & Murad Hussain:
CA2: Records production under NYS rent control relief provision doesn’t violate 4A
For landlords to get relief from the 1974 NYS rent stabilization laws, they have to provide some records. This does not violate the Fourth Amendment. Hudson Shore Assocs. Ltd. P’ship v. New York, 2025 U.S. App. LEXIS 13349 (2d Cir. … Continue reading
D.Vt.: Coast Guard’s reboarding boat was with PC
It was revealed there was a firearm on board, and a later warrants check revealed a conviction that was wrong. Yet, it turned out later there was yet another not mentioned. The Coast Guard reboarded and took the gun and … Continue reading
IL: Paperwork discrepancies permitted a truck safety inspection
Continuation of a commercial moving truck stop for a safety inspection was reasonable after there were “paperwork discrepancies.” People v. Ivanchuk, 2025 IL App (4th) 241230, 2025 Ill. App. LEXIS 856 (May 1, 2025). Mere negligent omissions for a Franks … Continue reading
D.N.J.: Admin SW can’t be quashed before execution
The company here refused an OSHA administrative inspection, so OSHA got an administrative warrant. Then the company moved to quash. Citing In re Anthony Marano Company, 556 F. Supp. 3d 890 (N.D. Ill. 2021), the court holds there is no … Continue reading
W.D.La.: Product of uncharged search of house comes in under 404(b)
Defendant was indicted for possession of drugs in a storage unit, but drugs and cash were also found in his house. That can come in under 404(b). United States v. Harris, 2025 U.S. Dist. LEXIS 75696 (W.D. La. Apr. 21, … Continue reading
MO: Administrative subpoena to Planned Parenthood was not unreasonable
The AG’s civil investigative demand to Planned Parenthood wasn’t unreasonable as a subpoena. “To comply with the Fourth Amendment’s reasonableness requirement, a CID, which is an administrative subpoena, must (1) comply with the statute authorizing it, (2) seek information that … Continue reading
OH5: Rental property ordinance can be enforced by admin. SWs
The City of Canton, Ohio has safety and sanitary standards for rental property that are reasonable and can be enforced by a Camara search warrant on administrative probable cause. Dep’t of Dev. Servs. for the City of N. Canton Ohio … Continue reading
TX3: Produce inspection rule isn’t 4A violation on its face; farmers still get a 4A challenge
A Texas rule permitting limited inspections of produce growing farms is not enjoined as a Fourth Amendment violation. In the circumstances presented, the farmers have the ability to make a Fourth Amendment challenge should the inspectors violate it. Farm and … Continue reading
S.D.N.Y.: Metro-North RR worker stated claim for 4A violation in personal searches
Plaintiff worked for Metro-North Railroad, and he sued claiming he was subject to searches of his person and stuff without justification. He stated a plausible claim under the Fourth Amendment under O’Connor v. Ortega. Foli v. Metro-N. R.R., 2025 U.S. … Continue reading
D.N.J.: OSHA site inspection was on a neutral plan and particular
OSHA sought an inspection warrant for a cannabis producer in New Jersey. It was based on a neutral inspection plan [no complaints] and was particular in scope and therefore reasonable under the Fourth Amendment. United States v. Inspection Warrant, 2025 … Continue reading
Fed.Cir.: VA’s IT user inspection rule violates 4A
The VA’s rule-based IT inspection authority for remote access to its databases is overbroad and violates the Fourth Amendment because it includes remote computers and the place where the computers are housed. Military-Veterans Advoc. v. Sec’y of Veterans Affairs, 2025 … Continue reading
OH11: Furtive movements in and out of car gave RS to prolong stop
Defendant was stopped for overtinted windows and his furtive movements in and out of the car gave reasonable suspicion to extend the stop. State v. Reuschling, 2025-Ohio-516 (11th Dist. Feb. 18, 2025). The statute excluding evidence unlawfully seized also is … Continue reading
OH5: When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed
When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed. State v. Alexander, 2025-Ohio-236 (4th Dist. Jan. 23, 2025). In an animal seizure case, state law requires a post-seizure administrative … Continue reading
NY Albany Co.: Unrestrained administrative searches of cannabis stores violates 4A
Petitioners show a likelihood of success on their claim for injunctive relief from unrestrained “administrative inspections,” essentially without boundaries. Super Smoke N Save LLC v. N.Y. State Cannabis Control Bd., 2025 NY Slip Op 25009 (Albany Co. Jan. 13, 2025). … Continue reading
C.D.Cal.: Warehouse used as a residence required admin. warrant for fire inspection
A fire inspection of a warehouse that was being used as a residence was subject to the administrative warrant requirement. No exception applies. Hannan v. L.A. Cty. Fire Dep’t, 2024 U.S. Dist. LEXIS 235999 (C.D. Cal. Dec. 9, 2024). 2254 … Continue reading
N.D.Ala.: A keycard found on def in a search incident for something else not suppressed
A keycard on defendant was properly seized incident to arrest. It wasn’t evidence of the crime of the arrest, but it was of another crime. United States v. Croom, 2024 U.S. Dist. LEXIS 231419 (N.D. Ala. Dec. 2, 2024), adopted … Continue reading
IA: Rental inspection ordinance not facially unconstitutional; administrative warrants required
The city’s rental property inspection ordinance does not fail under the state constitution’s search and seizure clause because it is not facially void in all circumstances. Administrative warrants can be obtained when there’s a proper showing. Singer v. City of … Continue reading