Archives
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Recent Posts
- TN: RS didn’t develop to continue stop; second stop based on first suppressed
- CA4: Traffic stop immediately became firearms investigation; suppressed
- CA10: Disagreement over spelling of street name didn’t make warrant fail particularity; GFE at least would apply
- VA: Statutory requirement to provide SW papers only applies to “places of abode”
- D.Idaho: Not unreasonable for PO to hand over def’s cell phone to LEO for extraction after RS developed from Snapchat app
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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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General (many free):
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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)
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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) -
“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: Probable cause
CA6: Def’s will found on his person on arrest was validly seized
Defense counsel wasn’t ineffective for not challenging a will defendant wrote saying he’d kill his wife then himself found on his person at the time of arrest. At least inevitable discovery applied because it would have been found in booking … Continue reading
TN: That officer can’t tell difference between hemp and marijuana doesn’t mean there wasn’t PC from plain smell
The fact the officer can’t tell the difference between hemp and marijuana doesn’t mean there wasn’t probable cause by plain smell. The stop was justified by the community caretaking function because he was asleep at an intersection. State v. Jones, … Continue reading
AK: Overbroad part of cell phone SW was severable from the valid part, and that properly came in at trial
This cell phone search warrant was not particular and without probable cause as to “app data,” but it was as to text messages. “If this unlawful provision was the only provision of the warrant that authorized a search for Facebook … Continue reading
CA4: Ptf’s arrest was with PC even though he was later exonerated in 65 days by same officers
Plaintiff was arrested for a double murder on probable cause. The officers continued investigating [as they should] and exculpated him, and he was released after 65 days in jail with charges dropped. He sued the officers for the arrest, but … Continue reading
OR: Officer’s use of a flashlight to facilitate a plan view at night was reasonable
The officer’s use of a flashlight to facilitate a plan view at night was reasonable. State v. Starr, 337 Or. App. 682 (Feb. 12, 2025).* There was probable cause to believe blood on the cell phone was defendant’s justifying the … Continue reading
D.Minn.: That officers could have been more careful and detailed in monitoring the CI doesn’t show a lack of PC
“Mr. Turner is correct that the use of a CRI during drug investigations is common. Moreover, the Court does not disagree that officers could have taken additional steps to yield an even higher degree of confidence that Mr. Turner was … Continue reading
D.P.R.: Statement taken in violation of Miranda likely usable for impeachment
Defendant’s statement allegedly in violation of Miranda that the government doesn’t intend to use may be used for impeachment if the defendant contradicts them under Harris. United States v. Cardona, 2025 U.S. Dist. LEXIS 22757 (D.P.R. Feb. 6, 2025). Inferences … Continue reading
CA11: Potential new Franks violation not enough for third successor habeas
This is petitioner’s third successor habeas attempt. This one claims new information might make a Franks violation. Except that it doesn’t qualify for permission to proceed as a successor. In re Obeginski, 2025 U.S. App. LEXIS 2806 (11th Cir. Feb. … Continue reading
CA3: “Rodriguez moment” here was 13 minutes into the stop and with RS
“We agree with the District Court that everything that occurred before the Rodriguez moment was within the scope of a normal traffic stop, and after that point, was supported by reasonable suspicion of criminal activity. Cpl. Conrad’s initial questioning of … Continue reading
E.D.Va.: Fact def was armed when SW for firearms was executed didn’t preclude further search for firearms
The affidavit for search warrant was particular for firearms based on threatening social media posts. When the search occurred, defendant was armed, but there was probable cause there could be other firearms on the premises. United States v. Rui Jiang, … Continue reading
D.Minn.: Protective sweep of def’s house on arriving at a DV call involving a potential shooting was justified here in part because they turned the lights out
The protective sweep of defendant’s place wasn’t unreasonable. There was a history of domestic violence there, and there was a potential shooting on the premises. When officers knocked, the lights went out. While people don’t have to answer the door, … Continue reading
CA6: Impeaching def’s trial testimony about the search of his property using his proffer agreement was prejudicial, but harmless
Impeaching defendant’s trial testimony about the search of his property using his proffer agreement was prejudicial, but it was harmless on this record. They could have cross-examined without it. United States v. Grogan, 2025 U.S. App. LEXIS 2354 (6th Cir. … Continue reading
NY4: Def proved IAC for failure to move to suppress cell phone search
Defendant satisfied his burden showing that he received ineffective assistance of counsel in defense counsel’s failure to move to suppress his cell phone search. People v. Conley, 2025 NY Slip Op 00597 (4th Dept. Jan. 31, 2025).* The order suppressing … Continue reading
MS: Admitted “general crime control” roadblock still upheld based on part-time officer’s inexperience
While the officer in charge of the DL roadblock (highway safety) essentially admitted it was for general crime control (see Edmund v. City of Indianapolis), the court goes with the DUI arrest being valid. The officer “was the most inexperienced … Continue reading
OH5: When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed
When the trial court sustains a search on two grounds and only one is appealed, the decision will be affirmed. State v. Alexander, 2025-Ohio-236 (4th Dist. Jan. 23, 2025). In an animal seizure case, state law requires a post-seizure administrative … Continue reading
TN: Domestic and road rage call is a “serious crime” when evaluating officer’s use of force
When evaluating an officer’s use of force in responding to a domestic and road rage call involving a weapon, it is considered a serious crime. The use of force here was reasonable. Holland v. Cheatham Cty., 2025 Tenn. App. LEXIS … Continue reading
CA8: Drugs on person admissible under 404(b) despite being outside indictment
Drugs on defendant’s person at the time of arrest were admissible under 404(b) despite being outside the time of the indictment. United States v. Hodo, 2025 U.S. App. LEXIS 1796 (8th Cir. Jan. 28, 2025). Defendant was on supervised release … Continue reading
D.Nev.: Exclusionary rule doesn’t apply before grand juries
Calandra revisited [and I haven’t seen it since Calandra]: Exclusionary rule doesn’t apply before grand juries. United States v. Jones, 2025 U.S. Dist. LEXIS 11132 (D. Nev. Jan. 21, 2025). The search warrant was based on two controlled buys plus … Continue reading
E.D.N.Y.: Anonymous report of man threatening others with a gun didn’t provide RS
The anonymous report about a man threatening others in Queens adequately described defendant but it provided nothing to show that there was a crime in the offing. The stop and search was without reasonable suspicion. “On this record, it is … Continue reading