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- CA6: State officer’s arrest for violation of federal MJ law likely wouldn’t violate 4A
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- VI: Smell of MJ no longer PC in VI since legalization
- Reason: 3 Charlotte Cops Resign After Group Chat Reveals Competition To Arrest the Most Black People
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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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--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: Qualified immunity
CA11: PC or not, the warrantless entry to arrest ptf violated the 4A
The parties got into an argument, and plaintiff went back into his house. The defendant came in after him. “Without deciding whether Bailey’s arrest was supported by probable cause—or, as it goes in the qualified-immunity context, ‘arguable probable cause’—we reverse. … Continue reading
D.Idaho: US Probation may enlist LEOs in conducting supervision search of cell phone
U.S. Probation was supervising defendant and they suspected child pornography on his cell phone. They enlisted HSI to search the phone. This did not violate federal law; USPO can get assistance to conduct a search. United States v. Johnson, 2019 … Continue reading
CA3: A threat to violate the 4A is not a 4A violation; it is contingent for Art. III
“The Probation Department employees’ alleged threat to send Repotski back to jail does not state a constitutional violation cognizable under § 1983. See McFadden v. Lucas, 713 F.2d 143, 146 (5th Cir. 1983) (noting that mere threats do not amount … Continue reading
CA10: Remanded again on QI because the court admittedly wasn’t perfectly clear
Appellate courts can’t always speak with one voice or opinion. The panel in this case previously issued three opinions. Harte v. Bd. of Comm’rs of the Cty. of Johnson, 864 F.3d 1154 (10th Cir. 2017). On remand, then, everybody had … Continue reading
CA6: Police get QI for coming to take ptf in for a mental exam but electing instead to arrest
Police were called to plaintiff’s house because he was barricaded in a closet with a gun threatening to kill himself. When police arrived, he was ultimately taken in for alleged crimes, for which he was later acquitted. The officers get … Continue reading
CA11: Ptf arrested on incorrect computer entry had 4A rights violated, but defs get QI
Plaintiff paid his fine for a speeding ticket and that was to avoid probation. The probation officer was in court and heard all that. Some clerk, however, entered into the computer system that he was on probation. Plaintiff was later … Continue reading
The Atlantic: Federal Officials Should Be Accountable for Their Wrongdoing
The Atlantic: Federal Officials Should Be Accountable for Their Wrongdoing by Leah Litman (“And judges need to be the ones to make them pay.”)
Reason: A License for Outrageous Police Conduct
Reason: A License for Outrageous Police Conduct by Jacob Sullum (“Qualified immunity protects cops from liability for actions that would land ordinary people in jail.”)
CA9: QI: without a case almost on point, you lose
A typical Fourth Amendment qualified immunity outcome on appeal: You need a case that’s obvious or a case substantially on point. Without it, you lose. Sightler v. Nisleit, 2019 U.S. App. LEXIS 28702 (9th Cir. Sept. 23, 2019)*:
W.D.Ark.: Whether windshield was cracked enough to be a violation of traffic laws doesn’t matter, it was still cracked which was enough for a stop
Defendant was stopped because of a crack in the windshield. He argued it wasn’t sufficiently cracked to be a violation of law. The point is, however, that the stop was at least justified by the crack. “To summarize, Officer Johnson … Continue reading
CA9: IRS agent’s need to watch ptf pee during SW was unreasonable; they didn’t do that to her husband when he did
Plaintiff’s claim that an IRS CID investigator had to watch her go to the bathroom just in case she was hiding evidence survived a qualified immunity challenge. The right to bodily privacy was established at the time, and the officer’s … Continue reading
CA6: Seizing ptf out of her home for a psych eval without PC stated claim and overcame QI
Plaintiff stated a claim that she was unreasonably seized in her home without probable cause or a warrant for a psych evaluation. Qualified immunity denied. Rudolph v. Atkinson, 2019 U.S. App. LEXIS 28477 (6th Cir. Sept. 20, 2019)*:
CA2: US citizen jailed without PC as an undocumented immigrant states a FTCA claim
A federal tort claims act case was properly stated for an American citizen plaintiff’s four day detention in an immigration facility as lacking probable cause. Hernandez v. United States, 2019 U.S. App. LEXIS 28081 (2d Cir. Sept. 17, 2019). Defendant … Continue reading
CA11: Criminal trial record not fully binding on ptf who was on trial there because incentives to litigate were different
The defendants observed plaintiff’s actions and they saw probable cause to believe he committed trespass. Therefore, the false arrest claim fails. His excessive force claim, however, survives summary judgment. Using the criminal trial testimony wasn’t particularly helpful or controlling because … Continue reading
CA8: Patel didn’t bar police requesting look at hotel registry in looking for bank robbers; third-party doctrine applies
City of Los Angeles v. Patel didn’t make the police look at a hotel registry a search. Defendants were suspected of bank fraud and aggravated identity theft in printing bogus checks and cashing them. Police went to a motel where … Continue reading
IL: Disorderly conduct can justify a Terry stop
Police received a 911 call about a man with a blue hoodie on a bicycle shouting profanities. Because the call was to 911 and recorded and logged with caller ID, it was more reliable. On seeing the man, the officer … Continue reading
LA5: Failure to raise scope of search issue below was waiver on appeal
The officer affiant adequately corroborated the CI to show probable cause. Defendant’s argument that the search of his house under the warrant couldn’t include the back yard was not preserved below [but it usually would be valid anyway]. State v. … Continue reading
CA8: Strip search of female detainee on parking lot stated § 1983 claim
Nearly public strip search of female detainee on an open parking lot by a female officer also berating her with a male officer nearby stated a claim and overcame qualified immunity. Robinson v. Hawkins, 2019 U.S. App. LEXIS 26772 (8th … Continue reading
CA11: Arrest for not answering knocks to door by officers with a writ of possession unreasonable and no QI
Plaintiff was arrested for ignoring knocks to the door from officers with a writ of possession. They didn’t even ring the doorbell. Officers entered through the garage area and pulled a gun on plaintiff. There was no justification asserted for … Continue reading
CA6: Tightening handcuffs more when arrestee complains and threatening her life overcame QI
“A group of masked City of Detroit police officers broke down plaintiff Katrina McGrew’s door, threw her to the ground, and handcuffed her so tightly it left bruises. When she complained about how constricting the handcuffs were, the officers threatened … Continue reading