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- IL: A backpack is not as personal a repository of stuff as a purse or wallet; officers ordered it left in vehicle for safety reasons and it was inventoried
- DE: Cell phone SW was limited by time and data sought, so it was not a general warrant
- 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
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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)
--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
CA9: State officers can consider federal crimes in assessing PC
The district court erred three ways in this case: The potential of a federal crime could be considered by the officer in determining probable cause. There was reasonable suspicion to prolong the stop. The automobile exception applied. United States v. … Continue reading
N.D.Ohio: Pole camera view into second story window of house was unreasonable search, but govt prevails anyway
A second story pole camera that actually could see into defendant’s house was unreasonable as to that. But, “[b]ecause there is an independent basis for upholding the validity of the search warrant, this Court will not suppress the evidence seized … Continue reading
CA6: Entering land to post a notice of civil infraction from the property was not a “search”
“The crux of the Gammarinos’ [Fourth Amendment] argument is that the Defendants entered their properties and removed their personal property without a warrant. As a result, they claim these searches and seizures are presumptively unreasonable and thus violated the Fourth … Continue reading
E.D.La.: Pursuing fleeing drug dealer into an apartment was reasonable
Pursuing fleeing drug dealer into an apartment was reasonable. United States v. Williams, 2025 U.S. Dist. LEXIS 39113 (E.D. La. Mar. 5, 2025):
CA6: Nexus to home based on controlled buys doesn’t require constant visual surveillance
Controlled buys that included trips to defendant’s house was nexus. “Regardless of whether Sims was constantly within the detectives’ view, the affidavit establishes that for each controlled buy, Sims went straight to the buy location from the residence and returned … Continue reading
D.P.R.: Defense counsel’s agreement to accept a SW was waiver of Rule 41 service requirements
Defense counsel’s acceptance of a warrant was a waiver of the service requirements for a warrant in Rule 41. It was also otherwise valid. United States v. Reynoso, 2025 U.S. Dist. LEXIS 40555 (D.P.R. Mar. 4, 2025). “The search and … Continue reading
CA10: A Franks violation can’t be based on information that had not been discovered yet
The affidavit showed probable cause. And, “Detective Ames did not knowingly or recklessly omit exculpatory information from the affidavit because she was not aware of any such information when she prepared the affidavit.” Weidner v. McHale, 2025 U.S. App. LEXIS … Continue reading
Fed.Cir.: VA’s IT user inspection rule violates 4A
The VA’s rule-based IT inspection authority for remote access to its databases is overbroad and violates the Fourth Amendment because it includes remote computers and the place where the computers are housed. Military-Veterans Advoc. v. Sec’y of Veterans Affairs, 2025 … Continue reading
CA10: The district court properly held that officers climbing over a fence to get to ptf’s front door was a 4A violation, but QI applies, still
Officers came to plaintiff’s property to investigate a marijuana grow. His property was surrounded by a fence, and he didn’t respond to air horns to get his attention, so they climbed over the fence to be able to get to … Continue reading
S.D.N.Y.: Regularly posting whereabouts on social media helps show nexus to cell phone
Officers keyed on defendant as a shooting suspect because of a social media post from a year before with him wearing what appear to be the pants worn by the shooter. As for nexus to defendant’s phone, they rely on … Continue reading
NYT: The Persistent Problem of Stop and Frisk
NYT: The Persistent Problem of Stop and Frisk by Shayla Colon (“New York Police Department supervisors failed to rein in unlawful stops, frisks and searches by anti-crime units in 2023, a monitor said in a new report.”)
TX2: Concurring opinion where SW wasn’t based on PC
A concurring opinion where there wasn’t probable cause for a search warrant, which is really hard to do these days: Staley v. State, 2025 Tex. App. LEXIS 1523 (Tex. App. – Ft. Worth Mar. 6, 2025)*:
W.D.Mich.: Corporate Transparency Act reporting requirements are an unreasonable search
The Corporate Transparency Act reporting requirements amount to an unreasonable search under the Fourth Amendment. Small Bus. Ass’n of Mich. v. Yellen, 2025 U.S. Dist. LEXIS 40975 (W.D. Mich. Mar. 3, 2025):
W.D.Mo.: Prior ruling on motion to suppress before speedy trial dismissal was law of the case
Defendant lost a motion to suppress but won a speedy trial dismissal without prejudice. Reindicted, he filed another motion to suppress, but law of the case applies. United States v. Bell, 2025 U.S. Dist. LEXIS 41924 (W.D. Mo. Mar. 7, … Continue reading
TN: Nexus shown to cell phone in murder case
The trial court granted defendant’s motion to suppress the search of his cell phone in a murder case. On the state’s interlocutory appeal, suppression is reversed. There was sufficient nexus shown between the cell phone and the offense under investigation … Continue reading
CA2: 50 days of pole camera surveillance outside a business wasn’t unreasonable search
A pole camera outside defendant’s business for 50 days was not an unreasonable search. United States v. Harry, 2025 U.S. App. LEXIS 5329 (2d Cir. Mar. 7, 2025). Defendant was improperly denied a hearing. The codefendant had a suppression hearing … Continue reading
OH6: Background information didn’t make SW affidavit stale
Information in the affidavit for warrant about a 2021 overdose was valid background and not stale information. State v. Martin, 2025 Ohio App. LEXIS 727 (6th Dist. Mar. 7, 2025). Officers getting a search warrant to enter to arrest was … Continue reading
Law.com: Geofencing, High Tech Surveillance and the Future of the Fourth Amendment
Law.com: Geofencing, High Tech Surveillance and the Future of the Fourth Amendment
techspot: EFF launches open-source tool that can detect unauthorized cellular spying
techspot: EFF launches open-source tool that can detect unauthorized cellular spying by Skye Jacobs: