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- D.N.M.: Automobile exception search fails for lack of PC
- D.Vt.: SW for CP was specific enough to prevent a general search of devices
- M.D.Fla.: In a 2254, court can decide petitioner loses on merits or deny relief on Stone, as it chooses
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- TN: Helicopter flyover of MJ patch violated no REP
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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)
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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] -
“You know, most men would get discouraged by now. Fortunately for you, I am not most men!”
---Pepé Le Pew -
"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
E.D.N.Y.: Some assistance to foreign police under MLAT doesn’t require suppression
Defendants are accused to a cocaine conspiracy of trafficking from South America to Europe through the US. The government obtained information from European counties via MLAT, and whatever assistance they gave to help gather information didn’t violate the Fourth Amendment. … Continue reading
N.D.Ill.: Without seeing the video of the occurrence referred to in SW affidavit, court can’t find PC
The affidavit for warrant refers to a video of an occurrence, but, without seeing the video, the USMJ can’t decide probable cause for the warrant. Otherwise, it’s ratifying the officer’s conclusions, mentioning being a “rubber stamp.” In re Search of … Continue reading
N.D.Okla.: “In the presence” of the officer for misdemeanor arrests is not a part of the common law
The “in the presence” of the officer for misdemeanor arrests is not a part of the common law, citing Woods v. City of Chicago, 234 F.3d 979, 995 (7th Cir. 2000). It is by statute or rule in various places. … Continue reading
DE: Def was not denied confrontation by not getting to cross-examine about pictures attached to warrant application
Defendant was not denied confrontation of the CI who took photographs of his property used to get the search warrant. When the state offered them at trial, defendant successfully objected, so there was nothing to confront. State v. McCurdy, 2025 … Continue reading
LA: Forensic search of cell phone can occur any time before trial
The forensic search of a cell phone can occur anytime between seizure and trial and still be timely. State v. Lowry, 2025 La. LEXIS 1481 (La. Oct. 25, 2025). 2255 ineffective assistance of counsel challenge for Franks violation fails for … Continue reading
S.D.N.Y.: Incomplete series for Netflix was subject of SW
Netflix contracted with defendant to make a series. When it fell through after paying him $44M, they believed they’d been defrauded. The search warrant for what had been completed of the series was potential evidence and properly sought under the … Continue reading
OH5: Oath or affirmation requirement satisfied by GFE
Even if the oath or affirmation technically fails here, the good faith exception saves the warrant. State v. Lucas, 2025-Ohio-4863, 2025 Ohio App. LEXIS 3605 (5th Dist. Oct. 22, 2025). “We conclude that the trial court properly denied the motion … Continue reading
CA5: A-C privilege review of seized email doesn’t have to be perfect
In this bank fraud case, the attorney-client privilege review of defendant’s email was “imperfect” but not so bad that the indictment should be dismissed. It clearly doesn’t rise to the level of “outrageous.” Yes, the review could have been done … Continue reading
E.D.Ark.: There is no 4A claim by a dead person
There is no Fourth Amendment claim by a dead person. “Because the investigation failures and denial of access to the Courts are based on facts alleged to have occurred entirely after decedent’s death, Plaintiff cannot assert these claims either on … Continue reading
S.D.Ohio: No duty to verify an outstanding arrest warrant before execution
Search incident to an arrest for an outstanding warrant was valid. There was no duty to check first to see if it was possible the warrant had been recalled or quashed. United States v. Lockridge, 2025 U.S. Dist. LEXIS 203313 … Continue reading
E.D.Ky.: If cell phone warrant is overbroad, remedy is to suppress the overbroad part, not all
“Assuming, without deciding, that the Cellphone Warrant was overbroad due to lack of a timeframe limitation, this finding would not mean that all evidence seized under the cellphone warrant is subject to suppression. The proper remedy is to suppress only … Continue reading
W.D.Wis.: Lack of info on CI’s credibility wasn’t material; PC shown otherwise
The affidavit for warrant omitted pertinent details about the CI’s credibility and apparent baggage, but it doesn’t matter: “And yet, the pertinent facts provided by Hample were corroborated by other information, including text messages, phone records, location tracking, and surveillance. … Continue reading
OH1: With legalization of marijuana, the smell of marijuana is no longer probable cause in itself
With legalization of marijuana, the smell of marijuana is no longer probable cause in itself. “While the smell of marijuana remains a relevant factor under the totality of the circumstances to a probable-cause analysis, it is no longer sufficient, standing … Continue reading
FL2: The smell of marijuana alone is no longer PC but the GFE applies here
The smell of marijuana alone is no longer probable cause but the good faith exception applies here. Williams v. State, 2025 Fla. App. LEXIS 7375 (Fla. 2d DCA Oct. 1, 2025) (en banc):
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
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
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
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