Archives
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Recent Posts
- 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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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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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. 
Author Archives: Hall
NC: Smell of dead animal led police to exigency of finding dogs in distress
The officer responded to a neighbor’s call that there was the smell of a dead animal coming from defendant’s property. The officer walked up the driveway and could see chained obviously sickly dogs with no food or water. The smell … Continue reading
NC: Drug dog alert on def’s car isn’t RS to frisk his person
A drug dog alert on defendant’s car isn’t reasonable suspicion to frisk his person. State v. Stollings, 2024 N.C. App. LEXIS 1006 (Dec. 17, 2024). Defense counsel wasn’t ineffective for not further challenging the search warrant issued after an entry … Continue reading
Reason: New Cert Petition on Emergency Entry: What Was the Common Law Rule?
Reason: New Cert Petition on Emergency Entry: What Was the Common Law Rule? A few thoughts on a pending cert petition. by Orin S. Kerr:
D.Mass.: 17-day delay between seizure and SW was reasonable
“[T]he government’s seventeen-day delay between the warrantless seizure of Thompson’s property and the issuance of the search warrants was reasonable. The first factor favors the government because seventeen days—eleven of which were business days—is relatively short and far shorter than … Continue reading
NC: Knock-and-talk led to smell of MJ and attempt to bar the door, and that was exigency
The officer came to defendant’s door for a knock-and-talk about marijuana sales, and, when the door was opened, he could smell marijuana. Defendant shut the door and attempted to put a bar up to block access, and that was all … Continue reading
CA6: 4A’s “reasonable officer” “is a hypothetical construct of the law, one that no district court can cross-examine”
“But the Fourth Amendment’s ‘reasonable officer’ is not a real officer with real subjective thoughts and feelings. It is a hypothetical construct of the law, one that no district court can cross-examine.” United States v. Urraca, 2024 U.S. App. LEXIS … Continue reading
MT: Search of electronics under SW needs to start by SW expiration, not be completed
The search warrant for numerous electronic devices (phones and tablets) was served within ten days but the search couldn’t be completed for longer than that. The grant of the motion to suppress because of the delay is reversed. The warrant … Continue reading
CA6: 4A IAC claim requires a showing petitioner would win on the merits of search claim
“And if Derringer intended to argue that counsel should have moved to suppress the cell phone videos, he did not identify any basis for challenging the validity of the search warrant that resulted in the seizure of the cell phone … Continue reading
CA2: Plain view seizure of cell phone established by officers’ knowledge of role of cell phones in crime
The evidentiary value of a cell phone for plain view was established here because, when officers saw the phone, they’d been investigating a conspiracy involving cell phone for months. United States v. Kurland, 2024 U.S. App. LEXIS 32177 (2d Cir. … Continue reading
IL: Investigative alert based on an underlying finding of PC satisfies 4A
A Chicago PD investigative alert based on an underlying finding of probable cause satisfies the Fourth Amendment and the state constitution. Prior case law is overruled. People v. Clark, 2024 IL 127838, 2024 Ill. LEXIS 836 (Dec. 19, 2024):
MT: Cell phone probation search condition based on generalizations of cell phones and crime was unreasonable
This cell phone probation search condition based on generalizations of cell phones and crime was unreasonable. State v. LeDeau, 2024 MT 305 (Dec. 17, 2024). Plaintiff makes numerous claims against a city short term rental ordinance, including a Fourth Amendment … Continue reading
The Marshall Project: How a 1963 Cleveland Case Shaped Stop-and-Frisk Police Tactics, and Why It Still Matters
The Marshall Project: How a 1963 Cleveland Case Shaped Stop-and-Frisk Police Tactics, and Why It Still Matters by Brittany Hailer and Rachel Dissell, data analysis by Doug Livingston. In § 21.04 of the Treatise there’s a discussion of the history … Continue reading
D.S.C.: No standing in suitcase on def’s back porch he wouldn’t claim
Defendant didn’t have standing to challenge the search of a suitcase on the back porch of his house that he didn’t claim ownership of. United States v. Lane, 2024 U.S. Dist. LEXIS 227893 (D.S.C. Dec. 17, 2024).* Plaintiff’s Fourth Amendment … Continue reading
N.D.Iowa: Govt’s exigency claim to enter defendant’s garage is rejected
“To the extent defendants assert that the warrantless entry was necessary to continue a purported temporary detention of Wheelock to further their investigation, that is not a recognized exigency or exception to justify a warrantless entry into a home or … Continue reading
OH10: Foundation for Facebook exhibits provided by seizing officer
The evidentiary foundation for Facebook messages under rule 901 was established by the officer obtaining the Facebook warrant. State v. Lathon, 2024-Ohio-5886, 2024 Ohio App. LEXIS 4539 (10th Dist. Dec. 18, 2024). Officers had neither probable cause nor reasonable suspicion … Continue reading
OH10: Suicidal domestic call followed by ShotSpotter alert was RS
Police had a call about a domestic situation with a suicidal man with a gun. Shortly thereafter, there was a ShotSpotter alert of 20 gunshots from a house nearby. Officers arrived and patted down those found there. This is substantially … Continue reading
CA5: A complete investigation before a SW application is sought isn’t required
A search warrant application isn’t defective because the officers didn’t do a more complete investigation. The constitution doesn’t require that. Miller v. Salvaggio, 2024 U.S. App. LEXIS 31833 (5th Cir. Dec. 16, 2024):
DE: PO’s failure to comply with juvenile probation search regulations on parental involvement justified suppression
The state’s policy on parental involvement in juvenile probation searches wasn’t complied with, and the juvenile’s home search is suppressed. The state’s assertion of exigency is rejected. Sharp v. State, 2024 Del. LEXIS 412 (Dec. 16, 2024). The court won’t … Continue reading
OH3: Going right into pockets was an invalid frisk
The state failed to prove the necessity for a stop and frisk because the video shows the officer going right into defendant’s pockets and not frisking. State v. Barnes, 2024-Ohio-5865, 2024 Ohio App. LEXIS 4519 (3d Dist. Dec. 16, 2024). … Continue reading