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Recent Posts
- MD: Under Bruen, mere possession of a handgun outside the home is no longer RS; Terry stop doesn’t include looking in a bag
- MO: When officers came with an arrest warrant, def’s admission he had a firearm justified the entry
- PA: Shining flashlight into hole in a shoebox was a search; there was a REP in the closed box
- CA5: Accidentally shooting the man who disarmed the shooter from a residence was not a constitutional violation
- CA9: False evidence to arrest violates due process
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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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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. 
Author Archives: Hall
CA2: Warrantless search of ptf’s Uber app history was a 4A violation
Warrantless search of a cell phone to access plaintiff’s Uber history stated a Fourth Amendment claim. Etere v. Nassau Cty., 2025 U.S. App. LEXIS 25753 (2d Cir. Oct. 3, 2025). Even if defense counsel was ineffective for not challenging the … Continue reading
CO: In a civil case, legal justification for a warrantless search is an affirmative defense
“In a case of first impression, a division of the court of appeals holds that legal justification for a warrantless search is an affirmative defense that the defendant must prove in a civil action under section 13-21-131, C.R.S. 2025. The … Continue reading
IN: No REP in bank records in securities investigation
The state securities department subpoenaed petitioner’s bank records. He has no privacy interest in them under the Fourth or Fifth Amendment. Peabody v. State Office of the Sec’y of State Sec. Div., 2025 Ind. App. LEXIS 328 (Oct. 3, 2025). … Continue reading
Slate: There’s a New Lawsuit Against “Kavanaugh Stops.” It’s Absolutely Devastating.
Slate: There’s a New Lawsuit Against “Kavanaugh Stops.” It’s Absolutely Devastating. by Dahlia Lithwick & Mark Joseph Stern:
If a shooting is a seizure, what about blowing up a boat with people in it?
WSJ: Lawmakers From Both Sides Pressed Pentagon on Legal Basis for Drug Boat Strikes by Lara Seligman, Alexander Ward, and Siobhan Hughes (“Senators on both sides of the aisle pressed the Pentagon’s top lawyer in a closed-door meeting to provide … Continue reading
Substack: Breaking: Trump Used AI to Scan U.S. Generals’ Faces for Loyalty — and to Root Out Whistleblowers
Substack: Breaking: Trump Used AI to Scan U.S. Generals’ Faces for Loyalty — and to Root Out Whistleblowers by Lev Parnas. (Don’t know whether to credit this or not.)
404 Media: ICE to Buy Tool that Tracks Locations of Hundreds of Millions of Phones Every Day
404 Media: ICE to Buy Tool that Tracks Locations of Hundreds of Millions of Phones Every Day by Joseph Cox (“Immigration and Customs Enforcement (ICE) has bought access to a surveillance tool that is updated every day with billions of … Continue reading
Reason.com: ICE Arrested a U.S. Citizen—Twice—During Alabama Construction Site Raids. Now He’s Suing.
Reason.com: ICE Arrested a U.S. Citizen—Twice—During Alabama Construction Site Raids. Now He’s Suing. by C.J. Ciaramella (“‘I got arrested twice for being a Latino working in construction,’ says Leo Garcia Venegas, the lead plaintiff in a new lawsuit filed by … Continue reading
S.D.Tex.: When officer knows RS for stop ceases to exist, checking license and papers unreasonable
Having discovered that there was no legal basis for defendant’s stop, asking for papers unreasonably extended the stop. “Broadening Rodriguez to allow officers to inspect documents when they are already aware that no violation has occurred would effectively sanction random … Continue reading
WA: DV order of protection can include disarming respondent
A proven domestic violence order of protection can provide justification for the respondent to give up his firearms under the Fourth Amendment and state constitution. In re Domestic Violence Prot. Ord. For Hernandez, 2025 Wash. App. LEXIS 1953 (Sep. 30, … Continue reading
D.Alaska: Sharing cell phone gives standing
Defendant shared the iPhone of another person, so he had standing to contest its search. United States v. Powers, 2025 U.S. Dist. LEXIS 192621 (D. Alaska Sep. 30, 2025). Defendants don’t get qualified immunity. The jury could conclude that more … Continue reading
E.D.Wis.: Geofence warrant slightly different than Chatrie still in good faith
This geofence warrant was slightly different than Chatrie’s. Still, the good faith exception applies. “In this case, law enforcement acted pursuant to a warrant that was not so facially deficient that the executing officers could not reasonably presume it to … Continue reading
TX4: Bullet holes in truck justified its seizure for SW
Plain view of bullet holes in defendant’s truck justified its seizure and transport to police impound lot where it was searched with a warrant. Lee v. State, 2025 Tex. App. LEXIS 7569 (Tex. App. – San Antonio Sep. 30, 2025). … Continue reading
OH5: SW saved by GFE even if issuing court lacked jurisdiction
The good faith exception applies even if the Common Pleas court lacked jurisdiction to issue a warrant for a Dropbox account in another jurisdiction. State v. Wharton, 2025-Ohio-4485, 2025 Ohio App. LEXIS 3295 (5th Dist. Sep. 25, 2025). Summary judgment … Continue reading
LAT: The 4th Amendment will no longer protect you
LAT: The 4th Amendment will no longer protect you by Daniel Harawa & Kate Weisburd:
E.D.Mich.: Someone else’s search doesn’t affect defendant
Defendant has no standing to challenge the search of others that affected him, a theory rejected in Alderman v. United States, 394 U.S. 165, 171-172 (1969). United States v. Phillips, 2025 U.S. Dist. LEXIS 190766 (E.D. Mich. Sep. 26, 2025). … Continue reading
CA2: RS for stop for not pulling over for emergency vehicle
Stop was valid for failing to move over for an emergency vehicle on the side of the road. United States v. Overton, 2025 U.S. App. LEXIS 25125 (2d Cir. Sep. 29, 2025).* Smell of marijuana from defendant’s car was probable … Continue reading
NYTimes: ‘Biometric Exit’ Quietly Expands Across U.S. Airports, Unnerving Some
NYTimes: ‘Biometric Exit’ Quietly Expands Across U.S. Airports, Unnerving Some by Claire Fahy (“René Rodriguez accompanied his daughter to Ireland last month as she prepared for a fall semester abroad. As he boarded the flight from Boston Logan International Airport … Continue reading