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- WaPo: Americans have turned against police cameras that track license plates, new survey shows
- W.D.Tex.: What is the duty of the neutral and detached magistrate?
- D.Me.: Yes, more investigation could have been done, but there’s still PC on what there was
- CA3: Brady doesn’t apply to SW materials
- E.D.Mich.: Person a cell phone was given to as gift could consent to search
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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)
--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)
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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. 
Monthly Archives: April 2014
CA7: Even if this hostage story from victim was fake, a protective sweep was justified
This case started as an apparent hostage situation where a woman text messaged her boyfriend that she was being held hostage in defendant’s house. He called the police and showed the text messages. They tried to figure out what was … Continue reading
Cal.1: Dr had no REP in patient records from a database search of prescription history
Under California law a doctor has standing in the medical records of patients [same with lawyers and client files]. The Medical Board did a controlled substances prescription database search to see what the doctor had been prescribing to see if … Continue reading
W.D.Tex.: While Jardines rule violated, there was other PC so no suppression
There was a dog sniff at defendant’s house, and Jardines would apply, except that there was plenty of probable cause here without the dog sniff. Therefore, excluding that fact from the case, there was still probable cause for the search … Continue reading
M.D.Tenn.: Warrantless seizure of text message from cell phone valid under GFE
Without a case in point, warrantless seizure of a text message from a cell phone which was Overt Act 8 in the indictment was not unreasonable under the good faith exception. Defendant relies on Wurie, which is from the First … Continue reading
WaPo: Volokh: Choosing between ‘never search’ and ‘sometimes search’ in the cell phone search cases
WaPo: Volokh: Choosing between ‘never search’ and ‘sometimes search’ in the cell phone search cases by Orin Kerr: This is the hardest issue that the Supreme Court must decide in trying to determine how the Fourth Amendment applies to search … Continue reading
CA11: Pre-Jones GPS valid by good faith exception
Because there was clear precedent that GPS monitoring before Jones was valid, and at least by the Davis good faith exception, the GPS here was valid, too. During the pendency of this appeal, other cases so held. United States v. … Continue reading
E.D.Mich.: Government’s motion to compel fingerprinting of person in custody on indictment granted
The government’s motion to compel fingerprinting of a person in lawful custody on an indictment is granted. There is no Fifth or Fourth Amendment right involved. United States v. Adams, 2014 U.S. Dist. LEXIS 51735 (E.D. Mich. April 15, 2014):
CA3: Arrest 20′ outside house didn’t permit search of house without more
Defendant was arrested 20′ outside his house, so a search incident of the house was invalid. Viewed as protective sweep of the house, the district court erred in applying Buie’s “prong 2” because there was no finding of necessity. Remanded. … Continue reading
eff.org: Is the SEC Obtaining Emails Without a Warrant?
eff.org: Is the SEC Obtaining Emails Without a Warrant?
Chicago Tribune: 5 cops caught in lies on witness stand, judge says
Chicago Tribune: 5 cops caught in lies on witness stand, judge says by Steve Schmadeke: In a ‘Perry Mason’ moment, a video played in court contradicts police officers who testified their drug arrest was proper.
The Atlantic: I Was Racially Profiled in My Own Driveway
The Atlantic: I Was Racially Profiled in My Own Driveway by Doug Glanville: A retired Major League Baseball player explains how he’s trying to turn an upsetting encounter with the police into an opportunity for dialogue.
BBC: Privacy fears over FBI facial recognition database
BBC: Privacy fears over FBI facial recognition database
WaPo: Google acquires maker of drones
WaPo: Google acquires maker of drones by Hayley Tsukayama: Google confirmed Monday that it has bought drone-maker Titan Aerospace, in a bid to supplement its efforts to connect parts of the world that do not have Internet access. And Google … Continue reading
Law.com: D.C. Judge Battles DOJ On Searches
Law.com: D.C. Judge Battles DOJ On Searches: Federal Magistrate Judge John Facciola was introduced during a 2008 conference as the ‘Italian Stallion of e-discovery.’ Long at the forefront on technology and the law, Facciola is back in the national spotlight … Continue reading
D.Md.: Decision to plead rather than pursue suppression was valid strategic choice
2255 petitioner pled guilty rather than pursue the suppression motion. That was a valid strategic choice to get the 3 levels off the offense level for acceptance of responsibility. Nettles v. United States, 2014 U.S. Dist. LEXIS 50963 (D. Md. … Continue reading
E.D.Mich.: Just because the facts could be more specific is not a Franks challenge
Just because the facts could be more specific is not a Franks challenge. Here, probable cause was shown. United States v. Adams, 2014 U.S. Dist. LEXIS 50090 (E.D. Mich. April 11, 2014).* 2255 petitioner’s IAC claim was based in small … Continue reading
S.D.W.Va.: Court applies Jardines to entry to curtilage on 911 call and finds it reasonable
The officer responding to a 911 call of a shirtless man in dreds swinging a stick in February could enter defendant’s gate to talk to him. Inside the gate, it appeared defendant was seriously high on something and had white … Continue reading
HuffPo: Skin Color Is Not a Crime: Why Stop and Frisk Doesn’t Work
HuffPo: Skin Color Is Not a Crime: Why Stop and Frisk Doesn’t Work by Evan DeFilippis: The Inconsistency of Our Outrage