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- D.Minn.: Extending stop to run ALPR information on car was with RS
- CA3: Ptf was arrested on an apparent but recalled warrant, then officers confirmed it and let him go; the arrest was reasonable
- N.D.Ohio: Failure to serve state SW within state mandated time not 4A violation
- NY1: Gunshot through floor from apartment above was exigency
- Reason: Most Civil Forfeiture Victims Never See the Inside of a Courtroom
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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)
--Overview of the Electronic Communications Privacy Act (2012)
--Outline of Federal Statutes Governing Wiretapping and Electronic Eavesdropping (2012)
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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: Qualified immunity
CA8: Officer wins two § 1983 cases in same day from E.D. Mo., Cape Girardeau
The officer had cause for defendant’s stop for a broken taillight and then found a warrant for his arrest. “Wood also alleges that after the fact, Wooten fabricated evidence about the arrest (and then invoked his Fifth Amendment right about … Continue reading
D.Mont.: State trooper’s alleged violation of a tribal agreement with state wasn’t sufficient for exclusionary rule
A Montana state trooper’s alleged violations of a cross deputization agreement with a tribe wasn’t justification for exclusion of evidence from his stop of defendant. “The Court fails to make the connection between any constitutional violation whose remedy is suppression … Continue reading
CA3: A predicate to a 41(g) motion to return property is a prior request
“To the extent Baer complains of the Government’s failure to return his devices, his argument fails because he never sought their return. Defendants who never seek the return of the property cannot argue that delay violated the Fourth Amendment. United … Continue reading
CA10: Weaknesses in the PC for Franks should be disclosed
Plaintiff failed to show a Franks violation in the affidavit for warrant. “To be sure, if the affiant for a warrant possesses information that would cast substantial doubt on the existence of probable cause, that information should not be intentionally … Continue reading
CA10: Uncertainty def was alone inside justified protective sweep
The consenter’s uncertainty that defendant was alone in the apartment justified a protective sweep, and ultimately she consented and the evidence supports that conclusion. United States v. Phyfier, 2021 U.S. App. LEXIS 133 (11th Cir. Jan. 5, 2021). [Even so, … Continue reading
CA8: Detention of ptf for videoing outside of police station was reasonable given the officers’ concerns about other crimes and vandalism there
Plaintiff’s detention outside the police station for engaging in confrontational behavior went beyond any constitutionally protected recording activity. Defendants’ actions, when combined with their knowledge of vehicles being vandalized and stolen in the area and their personal knowledge that a … Continue reading
NYLJ: The Myriad Problems with Qualified Immunity
Analysis: The Myriad Problems With Qualified Immunity (“In his Section 1983 Litigation column, Martin Schwartz joins jurists and academics who, over the last several years, have criticized the Supreme Court’s qualified immunity jurisprudence, calling for its elimination or at least … Continue reading
CA3: No REP in cell phone subscriber records
There is no reasonable expectation of privacy in cell phone subscriber information such that a warrant is required to obtain it v. a subpoena duces tecum. United States v. Brooks, 2020 U.S. App. LEXIS 40561 (3d Cir. Dec. 29, 2020). … Continue reading
CA9: Gratuitous dog bite can be excessive force; no QI here
“Our precedent clearly establishes that releasing a police dog to bite a person who neither endangers officers nor attempts to flee or resist arrest violates that person’s Fourth Amendment right to be free from unreasonable seizure. … Viewing the evidence … Continue reading
CA3: Presumption of QI where magistrate issues SW
There is a presumption qualified immunity applies where a magistrate has signed off on a search warrant. Handy v. Palmiero, 2020 U.S. App. LEXIS 37862 (3d Cir. Dec. 4, 2020):
IN: Hard ball in pocket during frisk was immediately apparent it was drugs
A casino enforcement agent told defendant he had to be patted down before their sitting in an interview room. A round ball was felt in defendant’s pocket, and it was immediately apparent to the officer from training and experience that … Continue reading
CA5: Hitting a man on ground in fetal position 26 times stated claim
Allegations of police beating a man 26 times lying in the fetal position was enough to overcome qualified immunity. “Though Joseph was not suspected of committing any crime, was in the fetal position, and was not actively resisting, Officers Martin … Continue reading
Reason: SCOTUS Considers Whether James King Has Any Recourse Against the Cops Who Choked and Beat Him for No Good Reason
Reason: SCOTUS Considers Whether James King Has Any Recourse Against the Cops Who Choked and Beat Him for No Good Reason by Jacob Sullum:
CA6: State officer assisting a federal search is the subject of assault under 18 U.S.C. § 1114
A state officer assisting federal officers in a search can be the subject of assault while executing a warrant under 18 U.S.C. § 1114. United States v. Scurry, 2020 U.S. App. LEXIS 35068 (6th Cir. Nov. 5, 2020). Defendant officers … Continue reading
CA8: Ptf stated a claim for false arrest and detention without PC
Plaintiff was arrested and detained for three weeks without probable cause. Taking his claims as true at this point, he stated a claim. Bell v. Neukirch, 2020 U.S. App. LEXIS 33920 (8th Cir. Oct. 28, 2020):
CA10: QI denied over mistakenly obtained arrest warrant
A bunch of arrest warrant affidavits were executed in a drug sweep. Plaintiff’s, however, was seriously mistaken, and he was arrested. The district court’s qualified immunity summary judgment for him is reversed. Bickford v. Hensley, 2020 U.S. App. LEXIS 33400 … Continue reading
OR: Def’s consent and statements are suppressed, but the search with a warrant is not
While defendant’s consent to search and statements made were invalid, the search was pursuant to a valid warrant, and the product of the search is not suppressed. State v. Joaquin, 307 Ore. App. 314, 2020 Ore. App. LEXIS 1243 (Oct. … Continue reading
CA9: Advancing on a prior victim with a knife resulted in a police shooting, and QI applied
“The district court found that no controlling precedent had clearly established that Omar’s right under the Fourth Amendment to be free from the excessive use of deadly force by police would be violated when he was shot and killed as … Continue reading
CA1: Gunshot from within while waiting for SW justified entry and sweep
Police froze and surrounded defendant’s home while they sought a search warrant. While they were waiting, a gunshot came from within, so they entered in response. The government satisfied inevitable discovery even though this protective sweep ended up in the … Continue reading
CA8: Negative patdown didn’t remove threat when ptf reached for waistband and was shot
Plaintiff was patted down (it appears more of a full search incident) and then fled and reached for his waistband and was shot. A gun was overlooked in the patdown. “We therefore conclude that Officer Ashcraft is entitled to summary … Continue reading