Archives
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Recent Posts
- CO: DNA could be seized from trash
- CA8: Nebraska statute allowing SWs to cross state lines doesn’t violate 4A
- WA: Sweat patch as condition of release violated state constitution’s privacy provision
- E.D.Mich.: Michigan liquor control administrative searches here don’t comply with Burger/Patel
- Reason: Border Agents Searched His Phone 5 Times Without a Warrant. He’s Asking the Supreme Court To Put a Stop to It.
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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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"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: Ineffective assistance
VA: Slight diversion from inventory didn’t show it to be pretextual
The towing of defendant’s car left on the interstate without a valid LPN was reasonable. The officers didn’t have to permit him to find his own sources. The inventory was not proved to be pretextual. “But the departures from procedure … Continue reading
CA9: 4A does not require the recording of telephonic oaths
The Fourth Amendment does not require the recording of telephonic oaths. United States v. Larkins, 2025 U.S. App. LEXIS 3513 (9th Cir. Feb. 14, 2025). The officer’s conduct was not reckless or deliberate to avoid the good faith exception. United … Continue reading
CA11: Days of constant pole camera surveillance didn’t state a 4A claim
“As to the pole cameras, we hold that their use did not violate Williamson’s Fourth Amendment rights. The pole cameras surveilled areas exposed to the public, and the fact that they recorded non-stop is of little relevance—the Constitution does not … Continue reading
D.Alaska: It was litigation strategy to not file a motion to suppress and cut def’s losses
It was litigation strategy to not file a motion to suppress and cut defendant’s losses. No ineffective assistance of counsel. United States v. Davis, 2025 U.S. Dist. LEXIS 24036 (D. Alaska Jan. 8, 2025).* The cell phone warrant was sufficiently … Continue reading
CA8: False statement van was “secured” was based on secondhand information and was neither material or reckless
The officer’s statement that defendant’s van was “secured” was not sufficient false and misleading to even be reckless. The officer was passing on information from other officers about the van, but the windows were missing and it was accessible. United … 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
NV: Not IAC to not object to CSLI business records after motion to suppress lost
Defense counsel wasn’t ineffective for not objecting to the CSLI records which were coming in in any event as business records. He’d objected before trial to the search and lost, and that was argued on direct appeal and lost. State … 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
NY Erie Co.: State prosecutors have no control over federal officers involved in state search for discovery purposes
State prosecutors aren’t necessarily obliged to give over information on federal officers present at a state search considering they have no control over them and their testimony may be hard fought via Touhy letters and they may have nothing additional … Continue reading
D.Mont.: Search incident doctrine didn’t apply where car was searched when def was transported to ER
Officers lacked reasonable suspicion for a probation search of defendant’s vehicle. In addition, its search couldn’t be justified by search incident when he was already transported to the hospital before the search occurred. United States v. Heafner, 2025 U.S. Dist. … Continue reading
VI: Multiple falsities about CI made successful Franks challenge
Defendant succeeded in his Franks challenge on misleading statements about the CI as an observer rather than participant in the crime and the affidavit lacked corroborating investigative facts and omitted information about W1’s lies. All this was material to the … Continue reading
CA9: Deleting email account to avoid SW was obstruction
Defendant deleting his email account to avoid a search warrant supported an obstruction conviction. United States v. Diaz, 2025 U.S. App. LEXIS 1459 (9th Cir. Jan. 23, 2025). Defendant was stopped in a high crime area without reasonable suspicion. There … 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
CA5: Where place to be searched appeared to be one residence, not two, SW valid
The search warrant was for 8977 Deer Trail Run, but it turned out to be two properties. “From all outward appearances there was only one property, not two. The officers acted in objectively reasonable good faith in relying on the … Continue reading
FL5: Dog alert on MJ before case law said it wasn’t PC anymore was in good faith
Newer cases hold that a drug dog can’t differentiate between legal and illegal marijuana, so a dog alert doesn’t provide probable cause. Where the dog sniff occurred before that holding, however, it was reasonable under the good faith exception. Ford … Continue reading
M.D.Tenn.: Five-month-old information about CP on a Pinterest account not stale
There was probable cause for this child pornography warrant. Information about a Pinterest account that was five months old was not stale, and the images were adequately identified. United States v. Lynch, 2025 U.S. Dist. LEXIS 2633 (M.D. Tenn. Jan. … Continue reading
CA4: Ditching backpack when hiding from police was abandonment
Defendant abandoned his backpack when he ditched it in a motel stairwell when he was fleeing the police. United States v. Mayberry, 2025 U.S. App. LEXIS 300 (4th Cir. Jan. 7, 2025). Leaving one’s backpack and a trashbag in the … Continue reading
S.D.N.Y.: Home confinement for pretrial release is not a 4A seizure
“In sum, defendant is not entitled to credit against his sentence for time spent under home confinement as a condition of his bail release. Further, defendant’s time spent on home confinement did not constitute a seizure of his person under … Continue reading