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- IN: Overdose call led to EMS telling police what they saw and that led to SW
- NY1: A mental health defense waives REP in the medical records about it
- MA: When a likely Franks violation comes out at trial, def gets to reopen the suppression issue
- RI: Challenge to one sentence of 8-page cell phone records SW fails; totality has to be considered
- WaPo: Subpoena bill would curtail secretive tool used to target government critics
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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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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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"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. 
Category Archives: Uncategorized
IL: “Officer safety” here didn’t justify a search because of an alleged “furtive gesture” where defendant was quiet and compliant
Not every movement in a car is a “furtive gesture.” The defendant was quiet and compliant before the officer decided to search the back seat area for “officer safety” solely because defendant reached that way. No other reason for a … Continue reading
Forbes: A Young Woman’s Stunning Encounter With Drug Warriors Disguised As Immigration Agents
Forbes: A Young Woman’s Stunning Encounter With Drug Warriors Disguised As Immigration Agents by Jacob Sullum: If you want to know how Jessica Cooke ended up on her back, screaming in pain as the barbs from a stun gun delivered … Continue reading
WaPo: Sixth Circuit creates circuit split on private search doctrine for computers
WaPo: Sixth Circuit creates circuit split on private search doctrine for computers by Orin Kerr: The Sixth Circuit handed down a new decision on computer search and seizure that may be the next computer search issue to make it to … Continue reading
The Atlantic: How the DEA Harasses Amtrak Passengers
The Atlantic: How the DEA Harasses Amtrak Passengers by Conor Friedersdorf: A mathematician describes how his rights were apparently violated during a trip to Washington, D.C. Earlier this year, Aaron Heuser of Eugene, Oregon, had to travel to Washington, D.C. … Continue reading
TownHall.com: Federal Court: Why Yes, The Police Can Track Your Phone Without A Warrant // misleading headline
TownHall.com: Federal Court: Why Yes, The Police Can Track Your Phone Without A Warrant by Matt Vespa: Data collection and tracking are getting their fair share of scrutiny from the courts, though not all opinions are favorable for those who … Continue reading
FL2: A glass pipe in the pocket was subject to plain feel
A glass pipe in the pocket was subject to plain feel. Conyers v. State, 2015 Fla. App. LEXIS 6681 (Fla. 2d DCA May 6, 2015). In isolation, defendant’s actions were likely innocent, but collectively they added up to reasonable suspicion. … Continue reading
Roll Call: Paul’s Anti-NSA Push Is at Odds With McConnell’s Agenda
Roll Call: Paul’s Anti-NSA Push Is at Odds With McConnell’s Agenda (Updated) (Video) by Niels Lesniewski: Sen. Rand Paul is calling the debate on an issue that puts him at odds with Majority Leader Mitch McConnell “a defining moment for … Continue reading
D.Vt.: “It is not necessary, however, for police to corroborate every single statement made by an informant.”
The CI’s statement to the police was generally corroborated. “It is not necessary, however, for police to corroborate every single statement made by an informant.” United States v. Pappano, 2015 U.S. Dist. LEXIS 57897 (D.Vt. May 4, 2015). Tennessee is … Continue reading
KCCI8: GOP presidential contenders talk social issues in Iowa
KCCI8: GOP presidential contenders talk social issues in Iowa by Steffi Lee: “You’ve got to run somebody who is different. You’ve got to run somebody who says you know what, not only are we the party of the second amendment, … Continue reading
TX14: Driving slow on low tires in the middle of nowhere justified community caretaking stop
Defendant’s stop was objectively reasonable under the community caretaking function. He was driving 10 in 25 mph zone with seriously deflated tires causing the car to wobble on the highway, and it was in the middle of nowhere. Lollie v. … Continue reading
Treatise on sale until 4/26
Lexis Bookstore is having a sale through Sunday, but you probably have to ask them because it’s really for titles over $500. From the publisher: Search and Seizure, Fifth Edition – List $473, Your Price $402 A Savings of $70 … Continue reading
Marshall Project: Why Cops Aren’t Ready for Their Close-Up
Marshall Project: Why Cops Aren’t Ready for Their Close-Up by Alysia Santo: A police officer makes the case for keeping your distance. In March, State Rep. Jason Villalba (R-Texas), filed a bill that would have made it a misdemeanor for … Continue reading
NACDL adopts mail cover surveillance report
Resolution of the Board of Directors of the National Association of Criminal Defense Lawyers Concerning Mail Cover Surveillance adopted at Spring Meeting, April 19, 2015: WHEREAS, mail cover surveillance is the investigative practice of recording the information listed on the … Continue reading
The Bill of Rights is not multiple choice
New Americcan: Paul Calls on GOP to Defend the “Whole Bill of Rights” by Jack Kenny: Rand Paul called on his fellow Republicans Saturday to defend the “whole Bill of Rights,” not just the Second Amendment right “to keep and … Continue reading
Miscellany
Defendant’s stop for having an invalid temporary tag led to his window being rolled down and the officer smelling marijuana. The fact it was in a small plastic bag wasn’t proof that the officer didn’t smell it. A gun was … Continue reading
WaPo: State seizes 11-year-old, arrests his mother after he defends medical marijuana during a school presentation
WaPo: State seizes 11-year-old, arrests his mother after he defends medical marijuana during a school presentation, Radley Balko’s ‘The Watch’ Blog: The boy was defending his mother’s use of a drug that helps her deal with an awful condition.
WaPo: Are you running for president? Please answer these questions about the criminal justice system
WaPo: Are you running for president? Please answer these questions about the criminal justice system by Radley Balko: The recent announcement from Sen. Rand Paul (R-Ky.) that he’ll be running for president and an expected similar announcement from former senator … Continue reading
The Atlantic: Seattle’s Radical Approach to Drug Crimes Is Working
The Atlantic: Seattle’s Radical Approach to Drug Crimes Is Working: New research shows the city’s experimental Law Enforcement Assisted Diversion program, or LEAD, has helped dramatically reduce recidivism among participants.
CA5: Where Texas case law clear on issue, reasonable mistake of law under Heien can’t be used
Where Texas case law is clear on the issue that using a signal only applies to turns and not lane changes, it was unreasonable for the officer to rely on that statute here for a lane change, and Heien on … Continue reading
IL: Pre-Jardines dog sniff at an apartment door not saved by Davis good faith exception where no case law authorized it at the time
Pre-Jardines dog sniff at an apartment door not saved by Davis good faith exception where no case law authorized it at the time. [Appellee didn’t even file a brief.] People v. Brown, 2015 IL App (1st) 140093, 2015 Ill. App. … Continue reading