Archives
-
Recent Posts
- M.D.Fla.: Unidentified pills in driver’s lap may have been RS but it wasn’t PC for arrest
- D.C.Cir.: It was reasonable for officers to conclude that evidence or instrumentalities of the crime would be found in the car used in a robbery
- CA7: Officer’s warrantless view of CSAM flagged by hash value was not unreasonable
- D.Utah: Minor time detours to writing up a traffic ticket didn’t unreasonable extend this stop; the dog was quickly on its way
- KY: Despite lack of nexus, SW sustained under GFE
-
-
ABA Journal Web 100, Best Law Blogs (2015-17) (then discontinued)
-
-
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) -
~~~~~~~~~~~~~~~~~~~~~~~~~~
Fourth Amendment cases, citations, and links -
Latest Slip Opinions:
U.S. Supreme Court (Home)
S.Ct. Shadow Docket Database
Federal Appellate Courts Opinions
First Circuit
Second Circuit
Third Circuit
Fourth Circuit
Fifth Circuit
Sixth Circuit
Seventh Circuit
Eighth Circuit
Ninth Circuit
Tenth Circuit
Eleventh Circuit
D.C. Circuit
Federal Circuit
Foreign Intell.Surv.Ct.
FDsys, many district courts, other federal courts
Military Courts: C.A.A.F., Army, AF, N-M, CG, SF
State courts (and some USDC opinions)
Google Scholar
Advanced Google Scholar
Google search tips
LexisWeb
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
To search Search and Seizure on Lexis.com $ -
Research Links:
Supreme Court:
SCOTUSBlog
S. Ct. Docket
Solicitor General's site
SCOTUSreport
Briefs online (but no amicus briefs)
Oyez Project (NWU)
"On the Docket"–Medill
S.Ct. Monitor: Law.com
S.Ct. Com't'ry: Law.com
-
General (many free):
LexisWeb
Google Scholar | Google
LexisOne Legal Website Directory
Crimelynx
Lexis.com $
Lexis.com (criminal law/ 4th Amd) $
Findlaw.com
Findlaw.com (4th Amd)
Westlaw.com $
F.R.Crim.P. 41
www.fd.org
Federal Law Enforcement Training Center Resources
FBI Domestic Investigations and Operations Guide (2008) (pdf)
DEA Agents Manual (2002) (download)
DOJ Computer Search Manual (2009) (pdf)
Stringrays (ACLU No. Cal.) (pdf)
-
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)
ACLU on privacy
Privacy Foundation
Electronic Frontier Foundation
NACDL’s Domestic Drone Information Center
Electronic Privacy Information Center
Criminal Appeal (post-conviction) (9th Cir.)
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)
-
“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: July 2018
OR: State can’t be compelled to issue SW to Google to help defense case
Defendant was accused of the rape of J. The defense learned that she kept a journal on Google, and the defense sought to get it by subpoena from Google under the Stored Communications Act. There were hearings and the state … Continue reading
D.Minn.: USMJ’s order to disclose all CIs is overbroad; not if they aren’t trial witnesses
The USMJ’s order to disclose all information about the informants was overbroad because it included informant’s who are not trial witnesses. It is limited to those who are trial witnesses. United States v. Bias, 2018 U.S. Dist. LEXIS 112605 (D. … Continue reading
N.D.Cal.: Cell-site simulator requires SW; state law doesn’t permit federal officers to execute state SW
(1) The government’s disclaiming a critical fact in the affidavit for search warrant undermines the probable cause vitiating the warrant. (2) “Use of a cell-site simulator requires a warrant. See United States v. Ellis, 270 F. Supp. 3d 1134, 1141-46 … Continue reading
D.Nev.: While def’s firearm was suppressed, it can come in by impeachment if he opens the door at trial
Defendant’s firearm was previously suppressed. If at trial he opens the door to the gun, it can be referred to by proper impeachment. United States v. Casarez, 2018 U.S. Dist. LEXIS 112536 (D. Nev. July 6, 2018). Defendant was granted … Continue reading
WI: SI to arrest warrant issued in error but relied on in good faith would not be suppressed
Police were dispatched to a 911 call, and, on the way, discovered an arrest warrant for the subject of the call. By the time they got there, the 911 call was off, but they arrested on the warrant. It turned … Continue reading
NH: CP search warrant for defendant’s phone and laptop completely lacked PC
Defendant was found asleep in his car in a Walmart parking lot with his pants down after having apparently masturbated to adult porn images on his computer or phone. The discussion with the officers gave no reason to believe defendant … Continue reading
LA5: Knock-and-talk cannot be used to create exigency
Officers came to defendant’s house because a couple of drug suspects had visited him. The officers’ knock-and-talk didn’t gain them entry into the house, and a knock-and-talk can’t be used to create exigent circumstances. A protective sweep was unjustified because … Continue reading
S.D.N.Y.: Realtime cell phone tracking SW issued with PC
The USPS developed probable cause that defendant was shipping drugs by mail with his own mini mailing service, creating his own mailing labels and having acquired plenty of USPS envelopes and postage to do it. When another suspicious package came … Continue reading
KS: Guest standing doesn’t require overnight stays to be substantial enough
To have standing to challenge a home search, a guest must show a degree of acceptance into the household or an ongoing and meaningful connection to the host’s residence so that the guest has a reasonable expectation of privacy in … Continue reading
D.Ore.: Even if ptf’s 4A violated in stop at Portland airport, exclusionary rule doesn’t apply in § 1983 case
“First, even assuming that Flinn had no lawful basis to stop and talk to Plaintiff in the first place, Plaintiff’s argument is not viable in a § 1983 claim. In a 2016 Ninth Circuit case, the court noted that the … Continue reading
CA9: PC is a close question, and that’s good enough for GFE
“In this case, it is a close question whether the warrant was supported by probable cause. Although a close call, we need not resolve this issue because even if the warrant lacked probable cause, the good faith exception to the … Continue reading
Lawfare: When Does a Carpenter Search Start—and When Does It Stop?
Important, thoughtful piece: Lawfare: When Does a Carpenter Search Start—and When Does It Stop? by Orin Kerr:
NY3: No exigency justified this entry; exclusionary rule applies in NY probation revo proceedings
There was no emergency basis for entry into defendant’s apartment, a probationer. The police understood that another person might be there who they were curious about. Still, there was no justification for the warrantless entry with gun drawn at midnight. … Continue reading
CA5: Mass suspicionless strip search of a class of 6th grade girls was clearly unreasonable with a failure to train on policy that would have prevented it
“During a sixth-grade choir class, an assistant principal allegedly ordered a mass, suspicionless strip search of the underwear of twenty-two preteen girls. All agree the search violated the girls’ constitutional rights under Texas and federal law. Even so, the district … Continue reading
D.Md.: Credibility question shown on whether def counsel failed to call material witness at suppression hearing; hearing ordered
Petitioner alleged enough to get a hearing on his 2255 that defense counsel didn’t call a material witness at the suppression hearing that would have created a credibility dispute with the officers as to the nature of the entry. Defense … Continue reading
NYT: How Smart TVs in Millions of U.S. Homes Track More Than What’s on Tonight
NYT: How Smart TVs in Millions of U.S. Homes Track More Than What’s on Tonight by Sapna Maheshwari:
E.D.Mich.: By following def and causing him to slow down, the officer created the alleged violation of driving under the minimum speed; stop unreasonable
The DEA asked the Michigan State Police to stop defendant. A trooper followed him and he was driving the speed limit and violating no laws. The officer pulled up next to him to get a look, then slowed to pull … Continue reading
D.Conn.: Knock-and-announce was complied with, but def also well knew they were there and what for
First, knock and announce was complied with. The officers testified credibly they announced repeatedly as they approached. Second, even if they didn’t, exigency or futility would be an exception–futile because defendant was well aware of their presence. There was also … Continue reading
D.Ariz.: Def on a shuttle bus stopped at I-19 immigration checkpoint consented to search
Defendant was on a shuttle bus referred for secondary inspection at the I-19 immigration checkpoint in Arizona. About 50 come through there a day, and all are stopped and the occupants ordered off. Defendant slipped away and wouldn’t make eye … Continue reading
CA10: A KS child welfare pick-up order was valid on its face in CO and didn’t need to be registered to satisfy 4A
A Kansas court issued a pick-up order for ten children from one family for various allegations. At the time the family was found, they were in Colorado, and the order was executed there. There was no statutory or constitutional duty … Continue reading