Archives
-
Recent Posts
-
-
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 / The Book
www.johnwesleyhall.com -
© 2003-25,
online since Feb. 24, 2003 Approx. 500,000 visits (non-robot) since 2012 Approx. 47,000 posts since 2003 (30,000+ on WordPress as of 12/31/24) -
~~~~~~~~~~~~~~~~~~~~~~~~~~
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] -
“You know, most men would get discouraged by now. Fortunately for you, I am not most men!”
---Pepé Le Pew -
"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, Little Rock 
Category Archives: Arrest or entry on arrest
Cal.2: The exclusionary rule doesn’t apply in PC determations for arrest; that’s to be litigated later
At a probable cause determination, the legality of the arrest for an attempt at applying the exclusionary rule isn’t appropriately litigated. That comes after the charges land in Superior Court. Barajas v. Appellate Div. of the Superior Court, 2019 Cal. … Continue reading
D.Nev.: Govt’s stated intent to forfeit requires motion for return of property be denied
Motion for return of property seized five weeks ago is denied. The government will image electronics and return them. That which is subject to forfeiture has to await it. United States v. Wells, 2019 U.S. Dist. LEXIS 168017 (D. Nev. … Continue reading
OH1: State had burden to show inventory policy was followed and done in good faith
When the state relies on inventory to justify a search of a car, it has to put on proof that the inventory policy was followed and that it was done in good faith. State v. Beasley, 2019-Ohio-3936, 2019 Ohio App. … 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
OH2: On entry to arrest defendant when children were found at home, it was not unreasonable to look for others to care for them
On arresting defendant at home, the police later obtained a search warrant, too. The initial entry into the rest of the house to look for someone to tend to the children with defendant at the time of arrest was reasonable. … Continue reading
AL: Failure to have arrest warrant in hand under state law voids the arrest and the search incident that occurred; Heien inapplicable
Defendant was unreasonably and mistakenly arrested without the officer having the arrest warrant in hand as required by state law, and the search incident to the arrest is suppressed. The court finds Heien and the good faith exception inapplicable because … Continue reading
W.D.Wis.: Officers had a reasonable belief under Payton def was on the premises for execution of an arrest warrant
Based on surveillance, officers had a reasonable belief, even probable cause, to believe that defendant was in the house when they came with an arrest warrant. United States v. Burgess, 2019 U.S. Dist. LEXIS 157755 (W.D. Wis. Aug. 12, 2019),* … Continue reading
D.N.M.: Search and seizure claim against USSG enhancement doesn’t have to be decided; it applies another way
Defendant sort of raised a search claim as attacking a USSG enhancement, but the court finds that the enhancement applies no matter what. Martinez v. United States, 2019 U.S. Dist. LEXIS 154693 (D. N.M. Sept. 11, 2019).* Defendant’s unconstitutional arrest … Continue reading
GA: Police were reasonable in stopping def because he looked like the guy wanted in an arrest warrant although it turned out he wasn’t the guy
Officers could approach defendant to talk to him because he generally fit the description and location of a person named in an arrest warrant. It turned out that he wasn’t the guy, but it doesn’t make it unreasonable to stop … Continue reading
MA: Hearings on criminal complaints don’t have to be open, but the record has to be later
The Massachusetts court previously held that hearings on the issuance of criminal complaints are not presumptively public. A particular hearing was requested after the fact. The court holds that the issuing court must electronically record all such hearings and consider, … Continue reading
W.D.Ky.: PC for search and arrest may be the same
The probable cause for the search of defendant’s car also provided probable cause for his arrest. United States v. Bell, 2019 U.S. Dist. LEXIS 154275 (W.D. Ky. Aug. 2, 2019).* Defendant consented to a limited search of his computer and … 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
TX1: Warrantless DUI arrest then blood draw without exigency suppressed
After an accident where defendant was alleged to have killed a motorcyclist, defendant waited for the police at a gas station. They took him to the scene and then arrested him. This was followed by a warrantless blood draw. The … Continue reading
D.Mont.: USMs have power to arrest state fugitives, so search incident valid
USM’s fugitive task force has the power to arrest state offenders by federal statute, 28 U.S.C. § 564, and the AG can delegate them whenever to assist in arresting state fugitives. 34 U.S.C. §§ 41503-04. Therefore, they were authorized to … Continue reading
NM applies Strieff in a near replica case; outstanding arrest warrant overcomes allegedly illegal stop
“Accordingly, based upon our application of the Brown factors in a circumstance markedly similar to Strieff, we conclude that Defendant’s arrest warrant was an intervening cause that broke the causal chain between Officer Townsend’s unlawful detention of Defendant and the … Continue reading
VT: Affidavit for arrest warrant by university police is a public record
An affidavit for an arrest warrant prepared by UV police is a public record subject to disclosure. Oblak v. Univ. of Vt. Police Servs., 2019 VT 56, 2019 Vt. LEXIS 109 (Aug. 24, 2019). The government on the totality linked … Continue reading
CA9: Detaining juveniles five hours after PC dissipated was unreasonable and contrary to well-established law
“It is well-established that a ‘person may not be arrested, or must be released from arrest, if previously established probable cause has dissipated.’ United States v. Ortiz-Hernandez, 427 F.3d 567, 574 (9th Cir. 2005) (per curiam). ‘As a corollary … … Continue reading
OH9: Any violation of 48 hour rule for PC determination has no effect on seizures prior to it
Any violation of the 48 hour rule to get defendant a judicial probable cause determination before further detention has nothing to do with seizures occurring before that. State v. Gedeon, 2019-Ohio-3348, 2019 Ohio App. LEXIS 3426 (9th Dist. Aug. 21, … Continue reading
D.P.R.: Calling an out of time motion to suppress a motion in limine doesn’t get around the time limits
Calling an out of time motion to suppress a motion in limine doesn’t get around the time limits. It was 14 months too late, and trial starts tomorrow. United States v. Fígaro-Benjamín, 2019 U.S. Dist. LEXIS 141655 (D. P.R. Aug. … Continue reading
CA5: “Legal process” for false arrest starts with the first appearance before a judge, not on actual arrest
A felony arrest without a warrant on probable cause is reasonable under the Fourth Amendment. “Legal process” doesn’t “kick in” until the first appearance before a judge or a warrant is prepared for statute of limitations purposes. [This is important … Continue reading