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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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To search Search and Seizure on Lexis.com $ -
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FBI Domestic Investigations and Operations Guide (2008) (pdf)
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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)
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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. 
Monthly Archives: May 2014
E.D.Pa.: Motion for new trial is not the place to relitigate a motion to suppress
A motion for new trial is not the place to relitigate a motion to suppress. Of course it was damaging: most searches are. “Defendant goes to great lengths in his Motion to explain how damaging the evidence seized at Franklin … Continue reading
OH5: Knock-and-talk doesn’t permit entry into backyard, too
Knock-and-talk is a legitimate law enforcement technique, but other officers fanning out to enter the backyard, the curtilage, at the same time is not. The observations in the backyard lead to suppression of the search. State v. Morgan, 2014-Ohio-1900, 2014 … Continue reading
New Law Review Article: Spillover Across Remedies
Michael Coenen, Spillover Across Remedies, 98 Minn. L. Rev. 1211 (2014). Abstract: Remedies influence rights, and rights apply across remedies. Combined together, these two phenomena produce the problem of spillover across remedies. The spillover problem occurs when considerations specific to … Continue reading
D.Mass.: Prison visitor strip search lacked justification; no qualified immunity
Plaintiff’s prison visit questioning for 15-20 minutes about whether she had brought drugs into a prison was reasonable. Her strip search based on an anonymous tip was completely uncorroborated and was without reasonable suspicion. The law had been clearly established … Continue reading
WaPo: Volokh: My defense of the third-party doctrine, and a response to Randy and Stewart
WaPo: Volokh: My defense of the third-party doctrine, and a response to Randy and Stewart by Orin Kerr: With my co-bloggers Randy Barnett and Stewart Baker debating Smith v. Maryland and the third-party doctrine, I figured I would offer some … Continue reading
Grits for Breakfast: Virginia, Utah, require warrants for phone location data, Tennessee bill awaiting gov’s signature
Grits for Breakfast: Virginia, Utah, require warrants for phone location data, Tennessee bill awaiting gov’s signature: More states have approved legislation requiring law enforcement to obtain warrants to track cell-phone location data, measure that passed the Texas House last year … Continue reading
Network World: No reasonable expectation of privacy when third parties cross the creepy line?
Network World: No reasonable expectation of privacy when third parties cross the creepy line? by Ms. Smith: A former DHS official suggests SCOTUS has no business expanding Fourth Amendment protections to protect our privacy from third parties who cross the … Continue reading
New Law Review Article: School Surveillance And The Fourth Amendment
Jason P. Nance, School Surveillance And The Fourth Amendment, 2014 Wis. L. Rev. 79. Abstract: In the aftermath of several highly-publicized incidents of school violence, public school officials have increasingly turned to intense surveillance methods to promote school safety. The … Continue reading
WaPo: Volokh: Smith v. Maryland as a good first-order estimate of reasonable privacy expectations
WaPo: Volokh: Smith v. Maryland as a good first-order estimate of reasonable privacy expectations by Stewart Baker: Earlier, I promised a post that would make the positive case for the third-party doctrine and Smith v. Maryland. The case against it … Continue reading
Oregon Live: Mandatory immigration detainers are unconstitutional: Guest opinion
Oregon Live: Mandatory immigration detainers are unconstitutional: Guest opinion by Elliott Young: On April 14, a federal magistrate judge in Portland, Janice M. Stewart, ruled that Clackamas County violated Miranda Olivares’ Fourth Amendment rights protecting against “unreasonable searches and seizures.” … Continue reading
WaPo: Just another day in the drug war
WaPo: Just another day in the drug war by Radley Balko Back in 2011, police in Framingham, Massachusetts conducted a drug raid that cost an innocent man his life.
NYTimes: News Analysis: In Surveillance Debate, White House Turns Its Focus to Silicon Valley
NYTimes: News Analysis: In Surveillance Debate, White House Turns Its Focus to Silicon Valley by David E. Sanger: Nearly a year after the first disclosures about the National Security Agency’s surveillance practices at home and abroad, the agency is emerging … Continue reading
CA3: Ptf’s § 1983 case implies invalidity of criminal case so it’s barred by Heck
Plaintiff’s fifth amended complaint necessarily implies the invalidity of his conviction and it’s barred by Heck v. Humphrey. Ollie v. Brown, 2014 U.S. App. LEXIS 8302 (3d Cir. May 2, 2014). Defendant’s guilty plea waived any claim that the consent … Continue reading
KY: Shot fired from car in flight reason for search of car; no violation of Gant
Officers could perform a search incident of defendant’s vehicle because a shot was fired from it in flight. This was not a violation of Gant. The search could also be justified by inventory. Hinchey v. Commonwealth, 2014 Ky. App. LEXIS … Continue reading
OR: Search of home requires more than just PC; there must be a warrant or warrant exception
Defendant argued the search of her bedroom was without consent, therefore invalid. The trial court found probable cause and sustained the search. Reversed: Without an exception to the warrant requirement, the search was invalid, and the state argues none. State … Continue reading
GA: Stopping a white man leaving a black neighborhood was pretextual and suppressed
A white man coming from an African-American neighborhood, profiling him as a drug buyer, was a pretextual stop based on pattern of activity rather than particularized suspicion. His stop violated the Fourth Amendment. Williams v. State, 2014 Ga. App. LEXIS … Continue reading
IA: No qualified immunity for overseizure in violation of SW; county attorney’s opinion conferred no additional immunity
The police here were held liable in a § 1983 case in state court for overseizure beyond the scope of the search warrant. They brought along the alleged victim who told them what else to seize and none of it … Continue reading
D.Ore.: No standing in rental car a month overdue and reported stolen
Defendant had a rental car one month past its three day rental period, and it had been reported stolen. He had no standing or reasonable expectation of privacy in the car. United States v. Brown, 2014 U.S. Dist. LEXIS 59747 … Continue reading