Archives
-
Recent Posts
- M.D.Fla.: Unidentified pills in driver’s lap may have been RS but it wasn’t PC for arrest
- D.C.Cir.: It was reasonable for officers to conclude that evidence or instrumentalities of the crime would be found in the car used in a robbery
- CA7: Officer’s warrantless view of CSAM flagged by hash value was not unreasonable
- D.Utah: Minor time detours to writing up a traffic ticket didn’t unreasonable extend this stop; the dog was quickly on its way
- KY: Despite lack of nexus, SW sustained under GFE
-
-
ABA Journal Web 100, Best Law Blogs (2015-17) (then discontinued)
-
-
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) -
~~~~~~~~~~~~~~~~~~~~~~~~~~
Fourth Amendment cases, citations, and links -
Latest Slip Opinions:
U.S. Supreme Court (Home)
S.Ct. Shadow Docket Database
Federal Appellate Courts Opinions
First Circuit
Second Circuit
Third Circuit
Fourth Circuit
Fifth Circuit
Sixth Circuit
Seventh Circuit
Eighth Circuit
Ninth Circuit
Tenth Circuit
Eleventh Circuit
D.C. Circuit
Federal Circuit
Foreign Intell.Surv.Ct.
FDsys, many district courts, other federal courts
Military Courts: C.A.A.F., Army, AF, N-M, CG, SF
State courts (and some USDC opinions)
Google Scholar
Advanced Google Scholar
Google search tips
LexisWeb
LII State Appellate Courts
LexisONE free caselaw
Findlaw Free Opinions
To search Search and Seizure on Lexis.com $ -
Research Links:
Supreme Court:
SCOTUSBlog
S. Ct. Docket
Solicitor General's site
SCOTUSreport
Briefs online (but no amicus briefs)
Oyez Project (NWU)
"On the Docket"–Medill
S.Ct. Monitor: Law.com
S.Ct. Com't'ry: Law.com
-
General (many free):
LexisWeb
Google Scholar | Google
LexisOne Legal Website Directory
Crimelynx
Lexis.com $
Lexis.com (criminal law/ 4th Amd) $
Findlaw.com
Findlaw.com (4th Amd)
Westlaw.com $
F.R.Crim.P. 41
www.fd.org
Federal Law Enforcement Training Center Resources
FBI Domestic Investigations and Operations Guide (2008) (pdf)
DEA Agents Manual (2002) (download)
DOJ Computer Search Manual (2009) (pdf)
Stringrays (ACLU No. Cal.) (pdf)
-
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
Privacy Foundation
Electronic Frontier Foundation
NACDL’s Domestic Drone Information Center
Electronic Privacy Information Center
Criminal Appeal (post-conviction) (9th Cir.)
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)
-
“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: Reasonable suspicion
D.Minn.: PC shown for SW for dog sniff at apartment door
There was probable cause for a dog sniff warrant at defendant’s apartment door. There was also probable cause for the warrant for his vehicle. The use of an unwitting informant doesn’t negate probable cause (collecting cases). United States v. Turner, … Continue reading
Cal.4th: Motorist can be ordered from car without RS
The search was reasonable when viewed objectively, and the superior court is reversed. “We have reviewed the video from the two officers’ body-worn cameras, which were admitted into evidence at the hearing on the motion. Viewed objectively, we see no … Continue reading
MD: No claim for false arrest under an arrest warrant approved by a judge on PC
After being acquitted in a bench trial on interpretation of the statute involved, plaintiff sued for false arrest and malicious prosecution. The arrest warrant was issued on probable cause by a neutral and detached magistrate, and the officers had to … Continue reading
CA11: Week’s delay in getting SW for cell phone was reasonable; def in custody and didn’t ask for it back.
The warrant for defendant’s cell phone wasn’t issued for a week, but the delay was reasonable. He was in jail with a diminished privacy interest, and he didn’t ask for it back. United States v. Watson, 2024 U.S. App. LEXIS … Continue reading
E.D.Cal.: Out-of-bounds camping stop led to RS and that led to PC
Defendant was stopped for out-of-bounds camping by a park ranger. The conversation led to reasonable suspicion then to probable cause for a search. United States v. Gearhart, 2024 U.S. Dist. LEXIS 146610 (E.D. Cal. Aug. 16, 2024). Obviously, vehicle stops … Continue reading
N.D.Ohio: Gang members’ waving guns in Instagram post was RS for later stop
“To start, the Instagram video that showed Brown, McCullers, and others waving firearms and pointing them directly at the camera provided the officers with reasonable suspicion to stop the two men. That’s because, under Virginia law, it is ‘unlawful for … Continue reading
N.D.Ohio: Cell phone next to seized drugs was nexus for SW
“In sum, the search warrant affidavit contained considerably more than the mere fact that Bell was arrested with the cell phone on his person. Rather, law enforcement found the cell phone on Bell’s person near ‘the very drugs’ he has … Continue reading
D.Conn.: Failure to disclose prior likely unconstitutional entry into def’s property in SW affidavit was material
The search warrant here was based on an unconstitutional prior entry to photograph firearms, and the issuing magistrate wasn’t told about that. That was material. Motion to suppress granted. United States v. Mahama, 2024 U.S. Dist. LEXIS 145463 (D. Conn. … Continue reading
CA8: Changing the inventory search argument on appeal was waiver
Defendant’s chain of custody argument after an inventory search was differently articulated than in the district court so it’s not preserved. United States v. Edwards, 2024 U.S. App. LEXIS 19568 (8th Cir. Aug. 6, 2024).* Defendant’s nolo plea waived his … Continue reading
CA7: No court has suppressed a Playpen SW, and changing the argument up a bit doesn’t succeed either
Every court to have dealt with the good faith exception in Playpen warrants has sustained them. This case attempts a different casting of the argument, but it’s rejected too. United States v. Dorosheff, 2024 U.S. App. LEXIS 19590 (7th Cir. … Continue reading
PA: No REP against use of a light transmittance meter for window tint
There is no reasonable expectation of privacy that an officer’s can’t use a light transmittance meter on window tint that is plainly visible. “Nonetheless, application of the window tint meter here was not unreasonable in light of the authority granted … Continue reading
D.Mont.: Asking about drugs made this stop intimidating and governed by Rodrieguez
During this stop, the officer finally asked about drugs in the car. “At this moment, the encounter became intimidating, and a reasonable person in Tripp’s situation would not feel free to leave. The encounter thus ripened into a Terry, or … Continue reading
MT community caretaking entries cannot be based on alleged crime alone
The welfare check of defendant’s house was reasonable. Yet, in this state, the community caretaker function cannot be based on an alleged crime alone. State v. Case, 2024 MT 165 (Aug. 6, 2024). Defendant’s 2255 ineffective assistance claim is rejected. … Continue reading
CA9: Ptf’s protestations of innocence at arrest doesn’t undermine this arrest warrant
“Farber’s § 1983 claims also fail because she has not shown an underlying constitutional violation. Her arrest did not violate the Fourth Amendment because the arresting officers ‘had a good faith, reasonable belief that [Farber] was the subject of the … Continue reading
N.D.Ind.: Govt has burden to show first appearance more than 48 hours after arrest was reasonable
“Mr. Williams alleged enough facts to support an inference that his rights were violated. Mr. Williams contends that the County Sheriff violated his Fourth Amendment rights because he was jailed without a timely decision about whether there was probable cause … Continue reading
NYTimes: Traffic Stop Data Can Shape Policy. It’s Often Missing.
NYTimes: Traffic Stop Data Can Shape Policy. It’s Often Missing. By Ben Blatt and Emily Badger (“Communities with good data often have different political and policy discussions than places where nonexistent data makes it hard for the public to know … Continue reading
CA4: Dist.Ct.’s denial of injunction against taint team search protocol not appealable
The target of a search sought District Court intervention over a taint team’s search protocol, and it denied an injunction. There was no appellate jurisdiction to take that issue up. In re Search Warrants Issued February 18, 2022 (United States … Continue reading
VA: Open container violation here justified full search of car
Here, an open container with the smell of alcohol justified a full vehicle search under the automobile exception. “Applying this totality of the circumstances analysis, we hold that the circuit court did not err in finding that probable cause justified … Continue reading
D.Del.: Officer could open car door for officer safety to insure there was no one else inside
New arguments raised at the suppression hearing are considered waived. Even if it was considered, it lacks merit: The officer could open the car for a check for other passengers for officer safety. United States v. Hargraves, 2024 U.S. Dist. … Continue reading