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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 2016
D.Neb.: Unusual traffic patterns at def’s house was probable cause of drug dealing
The unusual traffic patterns at defendant’s house led to probable cause to believe that the car leaving had drugs acquired inside. United States v. Hernandez-Ortiz, 2016 U.S. Dist. LEXIS 49658 (D. Neb. March 8, 2016),* adopted 2016 U.S. Dist. LEXIS … Continue reading
Forbes: Opinion: Nebraska Just Abolished Civil Forfeiture, Now Requires A Criminal Conviction To Take Property
Forbes: Opinion: Nebraska Just Abolished Civil Forfeiture, Now Requires A Criminal Conviction To Take Property by Nick Sivilla: Nebraska Gov. Pete Ricketts signed a bill on Tuesday that eliminates civil forfeiture, which allows law enforcement to seize and keep property … Continue reading
NPR: Lawful Hacking: Should, Or Can, The FBI Learn To Overcome Encryption Itself?
NPR: Lawful Hacking: Should, Or Can, The FBI Learn To Overcome Encryption Itself? by Alina Selyukh: A major theme that emerged from this latest hearing (though it’s been discussed by some cybersecurity experts before) was the ability or the need … Continue reading
WaPo: Supreme Court hears arguments in drunken-driving cases
WaPo: Supreme Court hears arguments in drunken-driving cases by Robert Barnes: All states to some extent say that motorists suspected of drunken driving can lose their licenses by refusing to submit to an alcohol test. But North Dakota, Minnesota and … Continue reading
N.D.Cal.: It’s generally not good to include “all” before the documents to be seized in a SW; PC must be shown for what “all” modifies in SW, and here it was
It’s generally not good to include “all” before the documents to be seized in a search warrant, but it is valid if it can be shown to relate back to something for which there is a showing of probable cause. … Continue reading
E.D.N.C.: Def knew police were “on his tail” that he possessed CP, and that authorized warrantless seizure
The record supports the conclusion that defendant, a probationer, knew that the police were “on his tail” that he possessed child pornography and expressed concern about finding child pornography on his electronics. Thus, the police acted reasonably in seizing a … Continue reading
CO: A third party’s home can’t be invaded by the defense for discovery purposes under 4A and discovery rules
The trial court had no authority to order access to a third party’s home as a part of a discovery order. It was a sex case, and defendant wanted access to the scene of the alleged crime. It was beyond … Continue reading
Slate: Blood Tests and Bad Lawyering
Slate: Blood Tests and Bad Lawyering by Mark Joseph Stern: The Supreme Court finds unity in the face of bumbling attorneys and a tough Fourth Amendment case. The justices of the United States Supreme Court are at their best when … Continue reading
M.D.Ga.: Anticipatory warrant’s condition clearly occurred so search valid
The triggering condition in the anticipatory warrant clearly occurred, and the warrant was timely executed. United States v. Bright, 2016 U.S. Dist. LEXIS 51979 (M.D.Ga. April 19, 2016).* Aside from other indicators of driving under the influence defendant consumed a … Continue reading
Lawfare: ODNI Releases Three FISC Opinions
Lawfare: ODNI Releases Three FISC Opinions by Cody M. Poplin: The Office of the Director of National Intelligence released three redacted Foreign Intelligence Surveillance Court opinions (FISC) yesterday, respectively on a pen register and trap-and-trace case, Section 702 certifications, and … Continue reading
reason.com: Today at SCOTUS: Warrantless Drunk Driving Tests and the Fourth Amendment
reason.com: Today at SCOTUS: Warrantless Drunk Driving Tests and the Fourth Amendment by Damon Root: Today the U.S. Supreme Court will hear oral argument in three consolidated cases that pose the following question: “Whether, in the absence of a warrant, … Continue reading
eff.org: EFF Sues for Secret Court Orders Requiring Tech Companies to Decrypt Users’ Communications
eff.org: EFF Sues for Secret Court Orders Requiring Tech Companies to Decrypt Users’ Communications: San Francisco—The Electronic Frontier Foundation (EFF) filed a Freedom of Information (FOIA) lawsuit today against the Justice Department to shed light on whether the government has … Continue reading
IN: Smell of burnt MJ in a house isn’t PC to believe the occupant is a drug dealer
The smell of burnt marijuana during a search of house is not probable cause to believe that the house contains marijuana for distribution. While it might be in a car, it’s not for a house. Also, a key fob was … Continue reading
HuffPo: Cops Are Still Killing People, But The Nation Has Stopped Paying Attention
HuffPo: Cops Are Still Killing People, But The Nation Has Stopped Paying Attention by Nick Wing & Julia Craven: Politics Reporter(“Police have fatally shot at least 20 unarmed civilians this year, and cable news hasn’t covered a single case.”)
NPR: The Next Apple-FBI Question: Who Can Know How The iPhone Was Hacked?
NPR: The Next Apple-FBI Question: Who Can Know How The iPhone Was Hacked? We know that a third party helped FBI crack the iPhone used by one of the San Bernardino shooters. But many questions remain. Should the FBI reveal … Continue reading
OR: Past drug use isn’t reasonable suspicion now
The officer here based his claim of reasonable suspicion to continue the detention on defendant’s past drug conviction. That alone is not reasonable suspicion. Even new syringes in the door pocket didn’t add to it. State v. Oller, 277 Ore. … Continue reading
N.D.Okla.: Indian tribes are essentially governed by the 4A and exclusionary rule; here, hotel housekeeper and security officer were not acting as LEOs
Defendant moved her bags out of her Indian casino hotel room to her car. She left her purse intending to come back and get it. She, however, was late, and hotel housekeeping entered the room after the noon check out … Continue reading
LA2: GFE applies to GPS nearly two years before Jones; here, def fled and abandoned car
A GPS tracker was placed on defendant’s vehicle nearly two years before Jones, and he’d been under investigation for more than a year prior to that. Davis good faith would apply to the tracking, but that’s really not important: On … Continue reading
N.D.Okla.: Warrantless entry into house was reasonable for officer safety and to prevent destruction of evidence
Officers acted reasonably in entering defendant’s house without a warrant to both prevent destruction of evidence and protect the safety of the officers. United States v. Aguirre, 2016 U.S. Dist. LEXIS 50236 (N.D. Okla. April 14, 2016):