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- CA3: Plain feel of apparent drugs supported seizure from his pocket
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- W.D.Wis.: Code inspectors looking at ptf’s place from the street didn’t violate any REP
- E.D.Tex.: Gov’t divide-and-conquer RS effort rejected
- CA9: No REP in data in planted GPS device
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ABA Journal Web 100, Best Law Blogs (2015-17) (discontinued 2018)
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by John Wesley Hall
Criminal Defense Lawyer and
Search and seizure law consultant
Little Rock, Arkansas
Contact: forhall @ aol.com / The Book
www.johnwesleyhall.com -
© 2003-25,
online since Feb. 24, 2003 Approx. 500,000 visits (non-robot) since 2012 Approx. 47,000 posts since 2003 (30,000+ on WordPress as of 12/31/24) -
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Fourth Amendment cases,
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Congressional Research Service:
--Electronic Communications Privacy Act (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) -
“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] -
“You know, most men would get discouraged by now. Fortunately for you, I am not most men!”
---Pepé Le Pew -
"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)
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Daily Archives: March 13, 2025
M.D.Fla.: Not IAC to not call private searcher at suppression hearing where it wouldn’t have changed the outcome
Defense counsel wasn’t ineffective for not calling a “hotel maid” who found defendant’s gun at the suppression hearing that led to his ACCA sentence. He doesn’t show that she would have changed the outcome. The private search issue was litigated … Continue reading
CA9: Jury verdict that officer violated clearly established rights and precluded qualified immunity
One defendant was not entitled to qualified immunity on the merits because the jury found that he violated plaintiff’s clearly established Fourth Amendment right to be free from excessive force by using deadly force when he posed no immediate threat. … Continue reading
WA: There was an objective basis for this stop even if with pretext
There was an objective basis for defendant’s stop, even if the officer had subjective motives. State v. Olson, 2025 Wash. App. LEXIS 423 (Mar. 11, 2025).* Defendant was in prison for about 20 years and there were phone calls between … Continue reading
CA5: Stay of § 1983 shooting case was properly denied pending state criminal case
Plaintiff was charged in state court and sued under § 1983 in federal court over his shooting by the police. The federal court refused a stay and plaintiff ended up taking the Fifth. The denial of the stay of the … Continue reading
NPR: A little-known law is in the spotlight: What to know about the Privacy Act of 1974
NPR: A little-known law is in the spotlight: What to know about the Privacy Act of 1974 by Kathryn Fink, Ailsa Chang & Jeanette Woods (“The Privacy Act of 1974 protects personal information collected across federal agencies. Privacy groups and … Continue reading
CA8: Dog sniff at apt door was reasonable under existing precedent
A drug dog sniff at defendant’s apartment door was reasonable under well-established circuit precedent. There’s no evidence the dog’s nose went under the door. United States v. Peck, 2025 U.S. App. LEXIS 5710 (8th Cir. Mar. 12, 2025). Plaintiff’s condition … Continue reading
OR: Petr’s post-conviction 4A denied for lack of specifics and context
Defendant’s post-conviction Fourth Amendment claim was properly denied for not telling the court what evidence was improperly admitted, where it appears in the record, and how it affected the outcome. Zyst v. Kelly, 338 Or App 597 (Mar. 12, 2025). … Continue reading
D.Mass.: SnapChat warrant didn’t go stale after six months [would it ever?]
SnapChat warrant wasn’t stale: “The passage of more than six months between Cardoso’s messages to Pyrtle and issuance of the October 2021 warrant did not undermine probable cause to believe that data from Pyrtle’s Snapchat account would provide evidence of … Continue reading
D.D.C.: Under Grubbs, a geofence de-anonymizer SW can’t be challenged before execution
Google responded to a series of search warrants for information and finally objected to a warrant to de-anonymize the information it previously provided. It can’t challenge the warrant before execution under Grubbs. Google LLC v. United States, 2025 U.S. Dist. … Continue reading
techdirt: Appeals Court: ‘Plain View” Also Includes Using iPhone Camera Options To See Through Tinted Car Windows
techdirt: Appeals Court: ‘Plain View” Also Includes Using iPhone Camera Options To See Through Tinted Car Windows by Tim Cushing (my post here):