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- 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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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)
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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: February 2026
IN: Jamming to music or twitching from drugs?
So, was defendant’s jerking movement in his car at 8 am him “jamming” or “grooving” to music or under the influence of a stimulant drug? Not enough here for reasonable suspicion. This is but a hunch. Wilson v. State, 2026 … Continue reading
CA3: Second protective sweep was justified by noise inside
The premises had been subjected to a protective sweep seeing firearms, locked up, and a search warrant was sought. Officers heard a noise inside and came in and found defendant and he’d apparently moved one of the guns. The initial … Continue reading
CNN: Fulton County accuses Justice Department of misleading the judge who approved elections office search warrant
CNN: Fulton County accuses Justice Department of misleading the judge who approved elections office search warrant by Tierney Sneed (“Officials in Fulton County, Georgia, accused the Justice Department of making “serious” omissions in the application the FBI filed to obtain … Continue reading
D.N.M.: Automobile exception search fails for lack of PC
The search of defendant’s car was unreasonable under the automobile exception because there was no probable cause to believe drugs or other evidence would be found there. Also, the inventory was invalid. United States v. Lujan, 2026 U.S. Dist. LEXIS … Continue reading
D.Vt.: SW for CP was specific enough to prevent a general search of devices
The warrant for CSAM was specific enough and didn’t permitt and unlimited search of the devices. “Although the language of the warrant issued here could have been drafted more artfully, the court finds the limiting language sufficiently connects the items … Continue reading
M.D.Fla.: In a 2254, court can decide petitioner loses on merits or deny relief on Stone, as it chooses
2254 petitioner loses on the merits of his Fourth Amendment claim, and the court can opt to do that or apply Stone and not decide it. Evans v. Sec’y, Dep’t of Corr., 2026 U.S. Dist. LEXIS 29920 n.2 (M.D. Fla. … Continue reading
Sixth edition 15% off today
Here.
TN: Helicopter flyover of MJ patch violated no REP
Really low helicopter flyover [“lower than a cellphone tower”] of defendant’s property seeing a marijuana grow violated no reasonable expectation of privacy. [What if it was a drone and not a helicopter? A pole camera? Private surveillance satellite?] State v. … Continue reading
N.D.Ga.: The Fulton County GA 2020 ballot seizure case is ordered unsealed
The Fulton County 2020 ballot seizure case is ordered unsealed. Pitts v. United States, No. 1:26-MI-00012-JPB, 2026 U.S. Dist. LEXIS 28859 (N.D. Ga. Feb. 7, 2026). (Case number provided for Pacer users. I read the affidavit for warrant, and there … Continue reading
CA8: Stop unreasonably extended for drug dog; denial of suppression reversed
Window tint violation should have taken 5-6 minutes, but it dragged out for 20 minutes while the drug dog was coming. The stop was overlong under Rodriguez and the motion to suppress should have been granted. United States v. Johnson, … Continue reading
N.D.Iowa: Motion for return of property after final administrative seizure denied
Defendant’s motion for return of seized cash comes after administrative forfeiture became final. Denied. United States v. Mims, 2026 U.S. Dist. LEXIS 27957 (N.D. Iowa Feb. 11, 2026).* Defendant didn’t seek resolution of his motion to suppress, so the trial … Continue reading
CA8: No QI for nearly point black shooting protestor in eye with less than lethal device
Shooting a protestor in the eye at point blank range with a “less than lethal” device that the officers are trained on and warned can actually be lethal was excessive force. No qualified immunity. Marks v. Bauer, 2026 U.S. App. … Continue reading
W.D.Pa.: No jurisdiction for class claim against TSA seizures of cash
Plaintiffs are attempting a class action against the TSA for seizing cash from them at screening points. This case is against an administrative regulation, and the district court lacked jurisdiction. Brown v. Transp. Sec. Admin., 2026 U.S. Dist. LEXIS 28282 … Continue reading
OH4: Inventory found pretextual
The inventory here was found pretextual by the way the officer conducted it; e.g., not using gloves until something was found [which says nothing to me]. State v. Clark, 2026-Ohio-447, 2026 Ohio App. LEXIS 510 (4th Dist. Feb. 5, 2026). … Continue reading
OR: Accidentally omitted warrant from email results in suppressing search despite finding of PC and particularity
The officer emailed to the magistrate the affidavit for warrant and he thought the warrant, too. The magistrate emailed back saying she found probable cause and authorized the search. A day or two later, the officer realized the warrant was … Continue reading
404 Media: With Ring, American Consumers Built a Surveillance Dragnet
404 Media: With Ring, American Consumers Built a Surveillance Dragnet by Jason Cobbler (“Ring’s ‘Search Party’ is dystopian surveillance accelerationism.”)
D.Colo.: Prospective relief against judge-authorized administrative warrants denied
Plaintiff was the subject of an administrative warrant issued by a neutral and detached magistrate. The request for prospective relief is denied, and the complaint is dismissed. Waldrop v. Colo. Dep’t of Agric., 2026 U.S. Dist. LEXIS 27532 (D. Colo. … Continue reading
D.Mont.: LPN stop was long but also supported by outstanding warrant and then consent
Defendant’s stop for an inactive LPN was reasonable. The stop, however, was overlong and quickly turned into a drug investigation. There was also a warrant on the passenger. Defendant consented to it, and she was told she could refuse. United … Continue reading
W.D.Tenn.: No standing in GPS locator of car rented by another; also private search
Defendant had no standing to challenge the state’s use of a rental car’s GPS where another person rented the car. It was also private action. United States v. Busby, 2026 U.S. Dist. LEXIS 27276 (W.D. Tenn. Feb. 10, 2026). This … Continue reading