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Recent Posts
- D.Utah: Minor detours to writing up a traffic ticket didn’t unreasonably extend this stop; the dog was quickly on its way
- KY: Despite lack of nexus, SW sustained under GFE
- CO: DNA could be seized from trash
- CA8: Nebraska statute allowing SWs to cross state lines doesn’t violate 4A
- WA: Sweat patch as condition of release violated state constitution’s privacy provision
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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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General (many free):
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Federal Law Enforcement Training Center Resources
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)
ACLU on privacy
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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: February 2026
IL: Probationer’s ankle monitor search put him at scene of murder
A codefendant was on probation, and a search warrant was used to get information from his ankle monitor. That put him at the scene of a murder. People v. Irby, 2026 IL App (4th) 241389 (Feb. 23, 2026).* Separate exigency … Continue reading
W.D.Okla.: Def bears no burden on applying crime-fraud exception to his cell phone search
The government seized this Oklahoman’s cell phone and searched it with a warrant. Oklahoma is largely marijuana legal. Pleading the crime-fraud exception, the government bears the burden of segregating the valid conversations from the federal conspiracy allegations. Defendant bears no … Continue reading
S.D.Fla.: No dog alert shown on video
Defendant’s stop in front of his house on the curtilage was a valid stop. A dog sniff was based on reasonable suspicion but the court finds no valid alert. The search of the car came after an ambiguous statement from … Continue reading
E.D.Mo. sustains geofence warrant
Noting Chatrie is pending and that the Eighth Circuit hasn’t ruled, but has in something close, the court denies suppression of a geofence warrant. United States v. Washington, 2026 U.S. Dist. LEXIS 37462 (E.D. Mo. Feb. 4, 2026)*:
CA6: Administrative search that is a ruse for a criminal search was clearly established as 4A violation
An administrative search that is a ruse for a criminal search was clearly established at the time this one happened. Qualified immunity denied. Generis Ent., LLC v. Donley, 2026 U.S. App. LEXIS 5197 (6th Cir. Feb. 19, 2026). Not the … Continue reading
Wired: Here’s What a Google Subpoena Response Looks Like, Courtesy of the Epstein Files
Wired: Here’s What a Google Subpoena Response Looks Like, Courtesy of the Epstein Files by Maddie Varner (“The US Justice Department disclosures give fresh clues about how tech companies handle government inquiries about your data.”)
M.D.Fla.: Frisk on entering VA hospital was justified on RS
Defendant’s frisk on entering a VA hospital could be justified as an area entry search, but the facts known to the officers, that defendant was already considered a safety risk, justified it by reasonable suspicion under Terry. United States v. … Continue reading
CA4: Leasing property from a parolee doesn’t make that property subject to his parole search condition
When a person on parole owns property and lets others use or rent it, the others aren’t subject to the parolee’s search waiver. United States v. Perez, 2026 U.S. App. LEXIS 5305 (4th Cir. Feb. 23, 2026):
D.N.J.: One without a DL can still have standing in the car he’s driving
Defendant was driving a borrowed car without a valid DL. He still has standing, and that’s not conditioned on a driver’s license. United States v. Huggins, 2026 U.S. Dist. LEXIS 34758 (D.N.J. Feb. 20, 2026). Defendant’s vehicle was parked unlocked … Continue reading
D.Utah: Asking about drug history during traffic stop lacked RS and unreasonably extended stop
“Considering the totality of the circumstances, there are insufficient facts before the court to establish reasonable suspicion that would allow Officer Embley to prolong the stop and inquire about Kummer’s drug history. Reasonable suspicion is a low standard, but it … Continue reading
S.D.N.Y.: No REP in what is shared with a cloud AI program
There is no reasonable expectation of privacy in what is shared with a cloud AI program, even if it’s in anticipation of litigation. Therefore, no attorney-client privilege in what the client shares with AI trying to help his attorney. United … Continue reading
CA7: Ptf has burden to adequately respond to 4A qualified immunity claim when made by defense
Plaintiff didn’t sufficiently plead a Fourth Amendment violation and overcoming qualified immunity from the officer’s seizing his notebook and perusing it and handing it to another officer. It’s his burden to deal with qualified immunity, and he didn’t adequately respond. … Continue reading
KY: Arrest warrant isn’t constitutionally required for a felony arrest
An arrest warrant isn’t constitutionally required for a felony arrest. Hernandez v. Commonwealth, 2026 Ky. LEXIS 7 (Feb. 19, 2026). There was no rationale entitlement to discovery of the name of the informant in this case, so defense counsel wasn’t … Continue reading
D.Kan.: Ptf’s § 1983 case stayed where filed while underlying criminal case was ongoing
Plaintiff sued while his criminal trespass case was pending in state municipal court. The action is stayed because plaintiff can raise his constitutional claims there. Younger also counsels that. Spiehs v. Allen, 2026 U.S. Dist. LEXIS 35038 (D. Kan. Feb. … Continue reading
CA9: Asking whether occupant of car was armed took three seconds and didn’t unreasonably extend stop
“The district court correctly held that the officers did not violate Torres’s Fourth Amendment rights by asking him whether he was armed. The officer’s question to Torres, which took no more than three seconds to ask and answer, did not … Continue reading
E.D.N.Y.: Where property was lawfully seized under 4A, delayed return isn’t a 4A violation
Plaintiff finances cars. When Suffolk County seized the cars from the buyers, they were allegedly really slow in returning them to Santander. Plaintiff admits the initial seizure was lawful, so the retention doesn’t ipso facto violate the Fourth Amendment. Santander … Continue reading
MS.now: ICE whistleblower testifies to Congress about minimal training [including violating 4A]
MS.now: ICE whistleblower testifies to Congress about minimal training by Emily Berk & Julianne McShane (On MS.now, he testified that officers were trained to violate the Fourth Amendment.)
CA11: Off-site copying of def’s cell phone after the SW’s expiration date was permitted by Rule 41(e)(2)(B).
Off-site copying of defendant’s cell phone after the warrant’s expiration date was permitted by Rule 41(e)(2)(B). United States v. Hernandez, 2026 U.S. App. LEXIS 4990 (11th Cir. Feb. 19, 2026). Defense counsel wasn’t ineffective for not filing a motion to … Continue reading
OR: Exigency here was speculative and rejected
The state’s claim of exigency from potential destruction of evidence was speculative, and the motion to suppress should have been granted. As to his burglary conviction, it’s harmless, but not as to two other counts. State v. Gilliland, 347 Or. … Continue reading