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- FL: Violation of knock-and-announce statute doesn’t require exclusion
- TX3: DUI blood draw while in restraint chair not 4A unreasonable
- TX1: Def has a duty to make his record on PC and the SW; missing affidavit was on him
- N.D.Ala.: SW not invalid because issuing judge previously represented the target
- The Guardian: ‘We should be worried’: report sheds light on ICE’s booming arsenal of hi-tech surveillance tools
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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: December 2021
HI: “[T]he gravity of the crime standing alone cannot establish exigent circumstances” for warrantless entry
Defendant’s unprovoked attack in stabbing a woman on a beach and then fleeing to his home wasn’t exigent by the time the police got there. “[T]he gravity of the crime standing alone cannot establish exigent circumstances.” State v. Willis, 2021 … Continue reading
W.D.Wash.: Carpenter does not apply to private searches
Carpenter does not apply to private searches, citing United States v. Miller, 982 F.3d 412, 431 (6th Cir. 2020), and United States v. Ringland, 966 F.3d 731, 737 (8th Cir. 2020). Kleiser v. Chavez, 2021 U.S. Dist. LEXIS 232013 (W.D.Wash. … Continue reading
WaPo: You’re not paranoid to cover your webcam. But the cameras you can’t cover are scarier.
WaPo: You’re not paranoid to cover your webcam. But the cameras you can’t cover are scarier. by Tatum Hunter:
N.D.Cal.: Rule 41(g) is for return of things, not suppression of evidence
Rule 41(g) is only for return of seized things, and it can’t be used to suppress evidence, especially in a state court. Christie v. United States, 2021 U.S. Dist. LEXIS 231113 (N.D.Cal. Dec. 2, 2021). Defendant’s motion to suppress cites … Continue reading
SC: Officers obtained text messages in murder case with emergency request
The state’s obtaining CSLI here is not suppressed. Officers worked backwards from the murder victim’s cell phone and an emergency request for text messages and got them and linked them to defendant. It was inevitable that defendant’s CSLI would be … Continue reading
D.Colo.: A shared driveway is not curtilage
A shared driveway is not curtilage. United States v. Vasquez, 2021 U.S. Dist. LEXIS 230603 (D.Colo. Dec. 2, 2021). 2254 petitioner admits that he had a full and fair opportunity to litigate his search issue and did. The fact he … Continue reading
MO: Even if 4A IAC, no prejudice
Even if defense counsel was ineffective for not moving to suppress files found on his computer that corroborated his child rape victim, he can’t show prejudice because of other exhibits in evidence which were incontestable. The post-conviction court erred in … Continue reading
N.D.Iowa: Referring to social media posts as “open source” when friending is required isn’t materially false
It was not a Franks violation to refer to defendant’s social media posts as “open source” when defendant limited it to only “friends.” United States v. Smith, 2021 U.S. Dist. LEXIS 230826 (N.D.Iowa Dec. 2, 2021), adopting 2021 U.S. Dist. … Continue reading
N.D.Tex.: RS from various admissions, and wearing a t-shirt with Pablo Escobar on it
Reasonable suspicion here from, inter alia, conflicting travel plans, admitting heading to South Carolina for further instructions from an unknown person [dumb], and having on a t-shirt with Pablo Escobar on it. United States v. Lopez, 2021 U.S. Dist. LEXIS … Continue reading
N.D.Ga.: Failure to record videoconference SW application under state law not 4A violation
Georgia has allowed video conferencing search warrant application for years. The statute requires a recording, but the federal courts have never held that a failure to record violates the Fourth Amendment when a state search warrant ends up in federal … Continue reading
S.D.N.Y.: Warrant overbreadth claim fails because of PC and GFE
“Suppression of digital photographs, videos and bank records that fell outside the April 1, 2019 through October 25, 2019 timeframe seized from the Subject Device is not warranted, as the December 2020 Warrant was sufficiently particularized and not overbroad.” On … Continue reading
CA8: Child porn knock-and-talk leads to valid exigency-based warrantless entry
This case started with a knock-and-talk about defendant visiting websites involving commercial sex acts with children. “While talking with William Meyer outside his home, federal agents grew worried that, if he went back inside, he would destroy evidence. Rather than … Continue reading
OH4: Failure to corroborate CI was a complete failure of PC, so no GFE either
The affidavit for search warrant here failed to show probable cause at all. It relied on informant hearsay from an identified informant. The trial court erroneously concluded that an identified informant didn’t have to be corroborated. In addition, probable cause … Continue reading
D.Utah: In IAC claims, how did the failure to move to suppress affect the decision to plead?
Defendant’s 2255 doesn’t show that the failure to move to suppress a silencer was unreasonable or would have even been successful. How did the failure to move to suppress affect the decision to plead? Seamster v. United States, 2021 U.S. … Continue reading
DE: Officer’s use of fictitious “friend” account didn’t violate REP in Facebook account
The officer violated no reasonable expectation of privacy of defendant by creating a fictitious Facebook account and then getting “friended” by defendant. Then on defendant’s Facebook account, the officer saw that defendant parolee had firearms. That led to a valid … Continue reading
M.D.Fla.: 4A doesn’t apply to foreign citizens in their own country, even if U.S. arranges the arrest
“Cifuentes-Cuero also argues that the manner in which the United States government brought him into this country, by using ‘falsification [and] unconscionable action[s]’ violated his due process rights and divested the Court of jurisdiction. (Doc. # 1-1 at 14-19). Cifuentes-Cuero … Continue reading
D.Minn.: Nexus shown for Facebook account SW
“[T]he totality of the circumstances described in the search warrant affidavit establishes the requisite nexus between Kyle Clark’s Facebook account and evidence of suspected drug-trafficking activities.” United States v. Clark, 2021 U.S. Dist. LEXIS 229926 (D.Minn. Dec. 1, 2021).* The … Continue reading
S.D.N.Y.: There was RS for defendant’s 1989 detention where he’s now indicted for murder related to it
Defendant is recently charged with a murder in aid of a drug transaction from 1989. The officers had reasonable suspicion for the encounter. United States v. Merced, 2021 U.S. Dist. LEXIS 229659 (S.D.N.Y. Nov. 30, 2021)*: