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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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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)
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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: Standing
TN: No standing in someone else’s curtilage
Defendant pulled his car into a convenient driveway for his stop, but he had no standing in the curtilage because it wasn’t his place. The car he had standing in, but this was a plain view. State v. Gunn, 2026 … Continue reading
W.D.Tenn.: No standing in GPS locator of car rented by another; also private search
Defendant had no standing to challenge the state’s use of a rental car’s GPS where another person rented the car. It was also private action. United States v. Busby, 2026 U.S. Dist. LEXIS 27276 (W.D. Tenn. Feb. 10, 2026). This … Continue reading
CA6: No standing in a group chat SW of another person’s account
Defendant had no standing to challenge a group chat obtained by search warrant from a social media provider of another person’s account. (Defendants discussed a kidnapping over group chat.) United States v. Blake, 2026 U.S. App. LEXIS 3686 (6th Cir. … Continue reading
GA: Visitor has no REP in common areas of host’s home
The MV’s grandmother suspected defendant was molesting her granddaughter. She placed a video camera in the living room. It was obvious with a red light on it, and there was a sign that a camera was in use. He moved … Continue reading
D.Ariz.: No standing to raise fruit of poisonous tree argument because “it’s not his tree”
No standing to challenge the stop of a car he wasn’t in or wasn’t his. United States v. Flores-Mendivil, 2026 U.S. Dist. LEXIS 20776 (D. Ariz. Feb. 2, 2026)*:
CA10: KS’s enforcement policy on MJ stops was sufficient to create standing for some injunctive relief
Plaintiffs, motorists driving between Oklahoma, where marijuana is legal, and Kansas, where it’s not, showed standing with a sufficient likelihood of being stopped again by the state’s own enforcement policy to ‘STOP A LOT OF CARS!’ Shaw v. Smith, 2026 … Continue reading
E.D.N.C.: No REP in one’s own property in a stolen car
Defendant was in a stolen car, so no standing at all under Byrd. (The convoluted issue of search incident after Gant with Fourth Circuit authority never revisited is avoided for now.) United States v. Tyson, 2026 U.S. Dist. LEXIS 15809 … Continue reading
C.D.Cal.: DHS’s motion for summary judgment denied; L.A. Press Club states cause of action for excessive force against press
The L.A. Press Club’s suit against DHS for excessive force against the press corps can proceed and summary judgment for the defense is denied. “The Court rejects Defendants’ standing and First Amendment arguments for reasons similar to those already articulated … Continue reading
ME: No REP in the shower area of a day homeless resource center
Defendant used a homeless resource center by day for taking showers. He was not an overnight guest and had no standing in the shower dressing area. State v. Zackaria, 2026 ME 2, 2026 Me. LEXIS 2 (Jan. 13, 2026). Officers … Continue reading
D.S.D.: No standing in employer’s laptop
2255 petitioner fails on standing to contest of search of this laptop. Based on all the court can see, including the PSR description, the laptop belonged to his employer, not him. All the electronic devices of the employer were seized. … Continue reading
E.D.Mich.: No standing in mobile home defendant burned down
In direct appeal of his conviction, defendant was found not to have standing in the mobile home he burned because he no longer had any reasonable expectation of privacy in it. He’s Stoned out on habeas too. Sindone v. Miniard, … Continue reading
D.Ariz.: No standing while violating order of protection
Being inside the garage of this house in violation of an order of protection means no standing. Hernandez v. Chandler, 2026 U.S. Dist. LEXIS 3096 (D. Ariz. Jan. 7, 2026). The visual sweep of defendant’s car was just meticulous and … Continue reading
NC: No standing in someone else’s cell phone pinged to find defendant
Defendant used someone else’s cell phone and officers pinged it to find him. He had no standing for the borrowed phone. After arrest, he admitted the shooting in a jail call. “Defendant’s temporary use of the phone does not automatically … Continue reading
TX5: Objection to “call detail records” is not a CSLI objection
A boilerplate motion to suppress cell phone records that wasn’t specific was followed up at trial with an objection to “call detail records” was not an objection to CSLI. Griffin v. State, 2025 Tex. App. LEXIS 9566 (Tex. App. – … Continue reading
E.D.Tenn.: Def had standing in sister’s car he bought for her she let him drive
Defendant bought his sister her vehicle and she permitted him to drive it. He had standing to contest the stop. The stop was justified and reasonable in scope. United States v. Tillery, 2025 U.S. Dist. LEXIS 235323 (E.D. Tenn. Oct. … Continue reading
VA: Second frisk was still with RS
Defendant’s second frisk was valid, despite a prior frisk not finding anything. “We have no doubt that the situation here presented such circumstances, on the heels of a possible armed robbery with suspects on the scene and the whereabouts of … Continue reading
MD: State’s failure to litigate standing at suppression hearing is waiver
The state’s failure to litigate standing at the suppression hearing is its waiver. On the merits, the information failed to show probable cause via collective knowledge. Seizure of bloody clothing in a bag in the hallway outside the ER was … Continue reading
M.D.Fla.: In a false arrest case, the sheriff involved admitted no 4A training
In this false arrest case, the sheriff admitted he had no training in the Fourth Amendment. Harris v. Breeden, 2025 U.S. Dist. LEXIS 225584 (M.D. Fla. Nov. 17, 2025). The frisk here was without reasonable suspicion, including the bag defendant … Continue reading
NY: The smell of a decomposing body in a Brooklyn apartment was plain smell for finding source
Defendant had no standing to contest the opening of an apartment refrigerator finding a decapitated body. This was plain smell. The officers could smell the decomposing body, and that was enough to open the refrigerator door. People v. McGee, 2025 … Continue reading
E.D.N.Y.: No standing in husband’s cell phone searched in Syria; no REP in NCEM database
“Defendant Halima Salman is charged with receiving military type training from a foreign terrorist organization in violation of Title 18, United States Code, Section 2339D.” The government maintains a database of who is involved in military activities overseas: NMEC. Defendant’s … Continue reading