May 2026 S M T W T F S 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Archives
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Recent Posts
- OR: Even if original served warrant wasn’t the one returned, it doesn’t warrant suppression
- Two on suicide calls as exigency
- W.D.N.Y.: Civil discovery dispute denies access to other employees’ cell phones as 4A issue
- Reason: All New Cars Could Have Mandatory Surveillance Tech Unless Congress Stops This Mandate
- CA3: In seeking arrest warrants, officers need not present all exculpatory evidence to issuing magistrate unless it’s “conclusive”
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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)
ACLU on privacy
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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: Cell phones
CA2: Def’s GF using passcode to open his phone in presence of police wasn’t a governmental search
In a child pornography case, defendant’s girlfriend was not acting as an agent of the police when she used his passcode to open his phone in the presence of an officer. United States v. Hines, 2025 U.S. App. LEXIS 14336 … Continue reading
TX5: No standing in a house where def under a no contact order to stay out
Defendant had no standing to contest the search of a house he was under a no contact order to stay away from. Yet, he was found there. Coggins v. State, 2025 Tex. App. LEXIS 3587 (Tex. App. – Dallas May … Continue reading
GA: GPS data in a child porn image on def’s phone was PC to search his house
GPS data in a child porn image on defendant’s phone was probable cause to search his house. Bibbs v. State, 2025 Ga. App. LEXIS 186 (May 13, 2025). Briefly crossing the centerline is not an offense unless it appears unsafe. … Continue reading
OR: Cell phone SW was fatally overbroad for scope of search
This cell phone warrant was based on probable cause, and it was particular as to drug related information with a specific time period. However, it was overbroad because it, as the state argued, essentially let the state seize anything else … Continue reading
TX14: Nexus here established by logical inference
The record supported nexus for search warrants for cell phone apparently used to coordinate between two cars that were driving for an hour in a shopping mall parking lot looking for a robbery target. It was logically the only way … Continue reading
AK: No PC shown for cell phone search in a Medicaid fraud case
In a Medicaid fraud case, the state did not show probable cause to believe evidence would be found on the cell phone of the Medicaid provider. The search warrant was also not particular for the cell phone. The warrant authorized … Continue reading
MA: Extraterritorial citizen’s arrest power doesn’t permit seizures of cell phone and removal back home
Officers went to New Hampshire on a criminal investigation for a Massachusetts crime, and they ended up seizing defendant’s cell phone to preserve evidence, bringing it back to Massachusetts where it was searched. The common law power of citizen’s arrest … Continue reading
Wired: How to Protect Yourself From Phone Searches at the US Border
Wired: How to Protect Yourself From Phone Searches at the US Border by Lily Hay Newman & Matt Burgess (“Customs and Border Protection has broad authority to search travelers’ devices when they cross into the United States. Here’s what you … Continue reading
S.D.N.Y.: 15 months not too long to make cell phone search and review unreasonable
Fifteen months to review a cell phone search “was accomplished in a reasonable amount of time. Although a review period of fifteen months is ‘certainly not brief,’ it was not unreasonably long considering ‘the challenges of searching ESI from electronic … Continue reading
E.D.Wis.: PC was shown for a warrant for five cell phones for use in trafficking drugs
Probable cause was shown for a warrant for five cell phones for use in trafficking drugs. “The presence of the phones near drugs also gave rise to an inference that any phones associated with the defendant (in cars he drove … Continue reading
TX3: It was a fair inference for PC that evidence of def’s social media posts were on his phone
Defendant was a suspect in a driveby shooting. Because defendant’s social media showed firearms, it was a fair inference that evidence of the offense or the social media posts would be on his phone. Therefore, there was probable cause for … Continue reading
CA11: Border searches of electronic devices need no RS
Border searches of electronic devices need no reasonable suspicion, unlike intensive searches of the body. Riley did not change that. United States v. Pulido, 2025 U.S. App. LEXIS 8264 (11th Cir. Apr. 8, 2025). Later acquired information can’t be used … Continue reading
Detroit Free Press: Lawyer for U-M protester detained at airport after spring break trip with family
Detroit Free Press: Lawyer for U-M protester detained at airport after spring break trip with family by Tresa Baldas:
CNN: Canada warns travelers of US border agents’ authority to search electronic devices
CNN: Canada warns travelers of US border agents’ authority to search electronic devices by Mohammed Tawfeeq:
S.D.N.Y.: Just because a cell phone was found in def’s car doesn’t mean he has standing to challenge its search
Defendant didn’t show standing to challenge the search of a cell phone found in his car that wasn’t his. United States v. Pulliam, 2025 U.S. Dist. LEXIS 64356 (S.D.N.Y. Mar. 31, 2025). A search warrant for a Jan. 6th defendant … Continue reading
Reason: What To Do If Border Police Ask To Search Your Phone
Reason: What To Do If Border Police Ask To Search Your Phone by Matthew Petti (“Know how much the law does—and doesn’t—protect your privacy rights.”)
CNS: ACLU urges 2nd Circuit to rethink no-warrant cellphone searches at US border
Courthouse News Service: ACLU urges 2nd Circuit to rethink no-warrant cellphone searches at US border by Erik Uebelacker (“A Fourth Amendment carveout that gives U.S. Border Patrol agents the right to conduct warrantless searches shouldn’t apply to cellphones and laptops, … Continue reading
D.Ariz.: A cell phone tower dump of a two-hour span is not a “Fourth Amendment event”
A cell phone tower dump of a two-hour span is not a “Fourth Amendment event.” Even if it was, the good faith exception applies. United States v. Pricop, 2025 U.S. Dist. LEXIS 55939 (D. Ariz. Mar. 25, 2025):
M.D.Ga.: Cell phone in car of drug dealer was seizable and searched with particular SW
Cell phone found in the car of one reasonably believed to be a drug dealer was searched by a warrant that was particular and with probable cause. United States v. Chambers, 2025 U.S. Dist. LEXIS 53490 (M.D. Ga. Mar. 24, … Continue reading
PA: Contents of a closed shoebox wasn’t in plain view
The contents of a closed shoebox were not in plain view. Commonwealth v. Herlth, 2025 PA Super 73, 2025 Pa. Super. LEXIS 138 (Mar. 24, 2025). “In sum, the evidence before the Court shows that the PGPD and the FBI … Continue reading