June 2026 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Archives
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Recent Posts
- CA6: CI’s lie to get into def’s house to video him making a drug deal with the CI didn’t violate 4A
- TN: Def lived in a van left wide open in a public area, but it didn’t belong to him, so no REP as to interior
- VI: Despite ubiquity of cell phones, nexus has to be shown to alleged crime
- N.D.Ga.: PIT maneuver here was not excessive force
- LA4: Acting like carrying a gun and wearing a ski mask in New Orleans in June was RS
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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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General (many free):
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Federal Law Enforcement Training Center Resources
FBI Domestic Investigations and Operations Guide (2008) (pdf)
DEA Agents Manual (2002) (download)
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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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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. 
Category Archives: Probable cause
M.D.La.: Opening the oven door during a probation home visit was reasonable, and guns were found
Defendant was under state supervision. Officers conducted a residence check and opened the oven finding three firearms. That search was reasonable. United States v. Hoang, 2026 U.S. Dist. LEXIS 24056 (M.D. La. Feb. 5, 2026). Defendant was found sleeping in … Continue reading
IN: The fact a drug dog could alert to hemp doesn’t mean an alert isn’t PC
The fact a drug dog can alert to hemp as well as marijuana doesn’t make the dog alert violate the Fourth Amendment. Akins v. State, 2026 Ind. App. LEXIS 39 (Feb. 6, 2026):
NY Co.: State showed PC for DNA test for firearm possession
Here, the state showed probable cause and reasonableness to seek DNA from defendant to compare it to alleged touch DNA found on the firearm he’s alleged to have possessed in threatening two ADAs. People v. Hightower, 2026 NY Slip Op … Continue reading
MI: Def not in custody during execution of DNA warrant where she chose to talk
In a 25-year-old cold case of a buried infant, officers got a warrant for defendant’s DNA. She argued she was in custody for purposes of her statement given at the time, but she wasn’t. The officers were clear on that. … Continue reading
CT: Last person to contact victim alive was PC for his phone
Defendant was sexually involved with the victim, and he apparently was the last person to see her alive, and had contact with her after she disappeared. That was probable cause. State v. Johnson, 2026 Conn. LEXIS 19 (Feb. 3, 2026). … Continue reading
N.Y.Co.: Installing software on a cell phone to protect its data before search wasn’t unreasonable
“The Court is further unpersuaded by the Defendant’s assertion that the installation of software, aimed at preserving evidence rather than conducting a search, on the Defendant’s cellphone was an improper or unconstitutional intrusion. The manner in which law enforcement handled … Continue reading
OH6: Search claim resolved in criminal case is collateral estoppel in forfeiture
This is a forfeiture after defendant lost his search claim in his criminal case. The search issue is res judicata or collateral estoppel in the forfeiture. State v. Pitts, 2026-Ohio-292 (6th Dist. Jan. 30, 2026). Defendant’s superseding indictment raising the … Continue reading
Cal.: Loose MJ on a car floorboard is not a violation of the MJ “open container” provision
“Enacted as part of California’s legalization of marijuana, Health and Safety Code section 11362.3, subdivision (a)(4) makes it an infraction to have an ‘open container’ of marijuana in a vehicle. The question before us is whether a small amount of … Continue reading
ID: Finding drugs in 43% of dog alerts doesn’t mean dog unreliable or no PC
This drug dog only found drugs in 43% of alerts. That’s still enough for probable cause. Dogs can alert where drugs have been. Lack of success doesn’t mean false hits. State v. Barritt, 2026 Ida. LEXIS 16 (Jan. 29, 2026). … Continue reading
N.D.N.Y.: Being told you’d be arrested for trespassing if you didn’t leave isn’t a seizure
Being told you’d be arrested for trespassing if you didn’t leave isn’t a seizure. Keith v. Romain, 2026 U.S. Dist. LEXIS 13105 (N.D.N.Y. Jan. 21, 2026). Police responded to a bar on a ShotSpotter report, but it was for naught. … Continue reading
E.D.Pa.: The exclusionary rule doesn’t apply to grand jury evidence
Under Calandra (1974), there’s no basis for dismissing an indictment because it might be based on an illegal search. The search was valid anyway because it was based on the consenter’s apparent authority. United States v. Jones, 2026 U.S. Dist. … Continue reading
S.D.N.Y.: Email SW with “practical accuracy” particular enough
Email warrant was particular enough with “practical accuracy”: “But the Second Circuit has upheld the validity of warrants without the presence of exacting, rigid limitations, noting that the focus is ‘on practical accuracy, as opposed to technical precision.’ United States … Continue reading
N.D.Ga.: Slight delay in searching a cell phone of a person in custody who couldn’t possess it was reasonable
Because he’s in custody, defendant has a diminished expectation of getting his cell phone back. The slight delay in getting a warrant has no case law cited in support, not that it matters. United States v. Holloman, 2026 U.S. Dist. … Continue reading
E.D.Okla.: Def’s high speed chase was PC
Defendant’s high speed chase was probable cause. “Defendant’s egregious eluding combined with his throwing an object from his vehicle combine to establish probable cause to search the Defendant’s vehicle under the automobile exception to the Fourth Amendment warrant requirement.” United … Continue reading
CA6: Random and isolated interference with prisoner mail doesn’t state a claim
Random and isolated interference with prisoner mail doesn’t state a claim for relief. Malicious interference would, but that’s not alleged. Tucker v. Horn, 2026 U.S. App. LEXIS 531 (6th Cir. Jan. 8, 2026). Not search case, but defendant was suspected … Continue reading
E.D.Ky.: DTF stop on interstate wasn’t pretextual when it was objectively reasonable for overtinting
It doesn’t matter that DTF officers were on the interstate and ordered defendant’s stop for a window tint violation because there was objective justification for it. The rest of the stop was with reasonable suspicion for the drug dog. United … Continue reading
N.D.Iowa: Affidavit for SW could have been more explicit, but it still was good enough for PC
The affidavit for warrant isn’t perfect but it’s good enough for the issuing magistrate to draw inferences. “Again, the affidavit could have been improved with explicit explanations of the ‘how’ and ‘why.’ But I do not fault an experienced judge … Continue reading
D.D.C.: A dozen officers involved in traffic stop slow walked it for drug dog
A dozen officers purposely delayed the traffic stop for a dog sniff. “The Government has failed to show that police conducted this stop in a reasonably diligent manner. To the contrary, Officer Brennan’s decision to delegate all four warnings to … Continue reading
MA: Arguing a “reddish-brown substance” could be a bunch of things and not blood “amounts to the type of ‘hypercritical analysis’ that is improper when reviewing search warrant affidavits”
The search warrant for defendant’s place for evidence of a murder showed nexus and probable cause including his car (because of distance to the homicide) and laptop (communicating with the victim). It was reasonable for the magistrate to conclude that … Continue reading