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- OH2: Stop outside the officer’s jurisdiction doesn’t violate 4A
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- CA1: SW for iPhone 6S didn’t permit search of iPhone 13 despite same phone number
- CA7: It wasn’t a 4A violation to place a pole camera to look over def’s fence he built knowing he was under surveillance
- NM: Conflict of laws: NM exclusionary rule applies to TX search
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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)
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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: Reasonable suspicion
CA10: That officer could have provided false affidavit is not a ‘substantial preliminary showing’ for Franks
“Velarde-Pavia has offered no evidence that Officer Juarez lied in his affidavit. Rather than make the needed ‘substantial preliminary showing,’ Velarde-Pavia only speculates that Officer Juarez could be lying–that is not enough.” As to informant hearsay, the affidavit for the … Continue reading
S.D.Ga.: [Gratuitously] asking motorist for consent deviated from the mission of the stop; motion to suppress granted
Asking defendant for consent to search when there were three officers around and then telling the others she declined unreasonably extended the stop even though it was 50 seconds. No decision had been made to issue a ticket or a … Continue reading
NM: Traffic arrest by reserve deputy in violation of statute violates state constitution
Where the legislature requires traffic arrests be made by uniformed, sworn, and salaried officers, arrest by a reserve deputy violates the state constitution. State v. Wright, 2022 N.M. LEXIS 2 (Jan. 10, 2022). “The Court finds that Mr. Hunley was … Continue reading
S.D.N.Y.: RS parolee is into drugs justifies PO’s cell phone search
State parole officers with reasonable suspicion defendant was involved in drugs could seize and search his cell phone. United States v. Devaughn, 2022 U.S. Dist. LEXIS 5406 (S.D.N.Y. Jan. 11, 2022). There was no reasonable suspicion for a probation search … Continue reading
D.Ariz.: Shooting incident 4 days earlier was RS
A shooting incident at a Tucson motel four days earlier led police to stop defendant in a car involved seen on motel video. That was reasonable suspicion. United States v. Castro, 2021 U.S. Dist. LEXIS 249438 (D.Ariz. Dec. 13, 2021).* … Continue reading
MA: A computer check during a traffic stop would dispel any RS, and failure to do so was unreasonable
Defendant’s car had an inspection rejection sticker for safety defects, but state law grants a 60 day grace period for correction. A computer check would have answered any questions. “Accordingly, we conclude that whether the troopers’ suspicion was reasonable in … Continue reading
DC: Tripping up def as he fled an encounter was a seizure without RS
D.C. gun recovery unit (GRU) officers stopped and approached defendant in an alley to talk to him. He hesitated and ran, and they ultimately caught him. The stop lacked reasonable suspicion. “Mr. Mayo argues that the GRU officers seized him … Continue reading
N.D.Cal.: PC in the affidavit was lacking, even with its detail; no GFE either
The affidavit for the search warrant for defendant’s place lacked probable cause. “As the affidavit did not establish probable cause as to forgery or possession of stolen property, and the government conceded there was not probable cause to support the … Continue reading
MA: Late disclosure of product of search wasn’t exculpatory so no prejudice
Defendant sought in discovery the call log from the search of his cell phone. The state didn’t provide it timely. It was not exculpatory in trial counsel’s view because it contradicted the defense witnesses and whatever defense they had for … Continue reading
TX8: Purely private search of cell phone not suppressed under art. 38.23(a)
The purely private search of defendant’s cell phone finding child pornography that was reported to police was not subject to exclusion under Texas’s art. 38.23(a). If a laptop search is not subject to exclusion, neither is a cell phone. Horne … Continue reading
N.D.Ohio: Not IAC to not raise every suppression issue def wants
Defense counsel had the discretion not to make every argument defendant wanted on a suppression motion. “It is well within counsel’s constitutional discretion to make the decision to raise or not raise certain arguments at a suppression hearing. That counsel … Continue reading
CA6: Torres v. Madrid not a new constitutional rule for successor habeas
Torres v. Madrid did not announce a new constitutional rule for an ineffective assistance of counsel claim in a successor habeas. In re Foster, 2022 U.S. App. LEXIS 141 (6th Cir. Jan. 3, 2022). “Considering that reasonable suspicion ‘is not, … Continue reading
N.D.Ill.: Stopping work on the traffic ticket when the drug dog arrived resulted in lengthening the detention without RS
“Officer Allen admits that he was not printing the police department’s copy of the first citation or processing the second citation during the drug sniff. Rather, he completely stopped his traffic-related mission as soon as Officer Wiebe arrived and worked … Continue reading
TN: Where car was abandoned, there were no reasonable alternatives to impoundment available to the police
Tennessee recognizes that impoundment and inventory can be avoided if there are reasonable alternatives to it at the time. Here, defendant’s car was abandoned on the road and, when they arrived, it was in the process of being towed and … Continue reading
D.N.M.: Def in a make of car he was prone to steal one hour after its theft was RS
The officer had reasonable suspicion on the totality to detain defendant for car theft. Defendant had a general reputation for that in the community. United States v. Madrigal, 2021 U.S. Dist. LEXIS 247007 (D.N.M. Dec. 28, 2021)* [one of those … Continue reading
D.D.C.: Being “wide eyed” and evading police when seeing them isn’t RS
Defendant getting wide eyed on seeing police and then hiding from them understandably would get their attention, but it’s not reasonable suspicion. United States v. Winecoff, 2021 U.S. Dist. LEXIS 248279 (D.D.C. Dec. 30, 2021):
N.D.Ohio: Def’s psychotherapist reported he was viewing CP; 4A does not prohibit using it in SW application
The psychotherapist-patient privilege does not bar use of a report from defendant’s psychotherapist to law enforcement that defendant admitted viewing child pornography. The psychotherapist discussed with others and concluded that a report was necessary. Whatever the privilege for trial, it … Continue reading
MN: Mere violation of pretrial release conditions not otherwise a crime not RS to extend a traffic stop
An alleged violation of conditions of pretrial release that is not criminal activity does not support extending a traffic stop without reasonable suspicion of an actual crime. State v. Sargent, 2021 Minn. LEXIS 672 (Dec. 29, 2021) (under state constitution):
M.D.N.C.: Return of evidence denied because investigation ongoing
Plaintiff’s action for recovery of electronic and physical evidence seized is denied because the government asserts it is still needed for investigation. Stillwell v. United States, 2021 U.S. Dist. LEXIS 246407 (M.D.N.C. Dec. 28, 2021). Defendant was stopped for driving … Continue reading
OH11: Plain view during FD response to fire leading to call to police was reasonable
Defendant’s house burned in a fire, and the fire investigator came in before the firemen left. Drugs were found in plain view and in a safe with an open door. The trial court suppressed, but the court of appeals reversed. … Continue reading