Archives
-
Recent Posts
- E.D.Tenn.: Application for SW was considered in detention ruling
- TN: RS didn’t develop to continue stop; second stop based on first suppressed
- CA4: Traffic stop immediately became firearms investigation; suppressed
- CA10: Disagreement over spelling of street name didn’t make warrant fail particularity; GFE at least would apply
- VA: Statutory requirement to provide SW papers only applies to “places of abode”
-
-
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
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) -
~~~~~~~~~~~~~~~~~~~~~~~~~~
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] -
“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: Plain view, feel, smell
IA: Bodycam and dashcam videos undermined claim of plain view
The bodycam and dashcam videos show that the officer could not have made the plain view he claims he did of a portion of a gallon-sized Ziplock bag in defendant’s waistband. A clear video can even undermine trial court credibility … Continue reading
W.D.N.Y.: No IAC for not challenging search without standing
“In view of Dunnigan’s self-professed lack of any interest in or connection to the premises searched, Dunnigan’s attorney cannot be faulted for failing to challenge a search for which his client lacked standing to challenge.” United States v. Dunnigan, 2026 … Continue reading
AL: No RS for pulling up behind legally parked car with blue lights on to inquire; smell of MJ suppressed
There was no reasonable suspicion for defendant’s stop in a residential neighborhood when he was lawfully parked and doing nothing wrong. The officer pulled behind him with emergency lights on. That’s not always a seizure, but here it was. When … Continue reading
OH8: Smell of MJ in car alone no longer PC
The smell of marijuana in a car alone isn’t probable cause in Ohio anymore because of legalization, quoting State v. Gray, 2025-Ohio-4607, ¶ 61 (1st Dist. Oct. 3, 2025). State v. Tucker, 2026-Ohio-1045 (8th Dist. Mar. 26, 2026). Challenging only … Continue reading
MD: Waiting 20 days to get cell phone SW after seizure was reasonable here
Police seized defendant’s cell phone and sought to have it examined. It went into the queue at the forensic unit, and, when it was ready to be searched, they then sought a warrant. They waited because they believed there was … Continue reading
E.D.Tenn.: Traffic stop with shots fired call led to valid protective sweep of car for weapon on RS
“After reviewing the evidence, the arguments of the parties, and the relevant law, the undersigned finds that the officers had both probable cause to believe Defendant had committed traffic violations and reasonable suspicion to stop the vehicle in connection with … Continue reading
OH9: Smell of burnt MJ justified search even though officers found none
The smell of burnt marijuana justified the search of defendant’s car even though none was found. State v. Dejournett, 2026-Ohio-640 (9th Dist. Feb. 25, 2026).* An empty beer can in the beverage holder doesn’t justify a search of the car. … Continue reading
W.D.Okla.: Def bears no burden on applying crime-fraud exception to his cell phone search
The government seized this Oklahoman’s cell phone and searched it with a warrant. Oklahoma is largely marijuana legal. Pleading the crime-fraud exception, the government bears the burden of segregating the valid conversations from the federal conspiracy allegations. Defendant bears no … Continue reading
CA9: Asking whether occupant of car was armed took three seconds and didn’t unreasonably extend stop
“The district court correctly held that the officers did not violate Torres’s Fourth Amendment rights by asking him whether he was armed. The officer’s question to Torres, which took no more than three seconds to ask and answer, did not … Continue reading
OR: Pole camera doesn’t violate state constitution
Pole camera observation didn’t violate the Oregon Constitution. State v. Lane, 347 Or. App. 229 (Feb. 19, 2026). Probable cause developed after the stop but before the search under the automobile exception. There was also consent. United States v. Camorlinga, … Continue reading
D.Conn.: Officers muting microphones to discuss extending stop helped show Rodriguez violation
The stop was justified, but the stop was unreasonably extended for the drug dog that didn’t alert. Then the officers muted their microphones for 40 seconds before a search of defendant’s person. “The officers’ choice to spend several minutes on … Continue reading
ID: There is no legal privilege in pharmacy records
There is no legal privilege in pharmacy records. Pharmacists are independent actors in the medical field. The trial court erred in granting a motion in limine. Just because a psychotherapist prescribed a drug isn’t privileged. State v. Borek, 2026 Ida. … Continue reading
GA: REP against dog sniff at apartment door in gated complex where management let police in
A dog sniff at defendant’s apartment door seams was unreasonable, despite it being in a common area of a gated apartment building [where the general public wasn’t allowed, but management let the police in]. State v. West, 2026 Ga. App. … Continue reading
D.Ariz.: No standing while violating order of protection
Being inside the garage of this house in violation of an order of protection means no standing. Hernandez v. Chandler, 2026 U.S. Dist. LEXIS 3096 (D. Ariz. Jan. 7, 2026). The visual sweep of defendant’s car was just meticulous and … Continue reading
MI: Officer seeing def drunk an hour before he was driving was a reasonable conclusion
The district court erred in suppressing by finding no probable cause for a stop. “Because we conclude that Officer Prater’s observations of defendant in a drunken state no more than one hour before the stop furnished the officer with reasonable … Continue reading
MN: GFE does not apply to after search changes in law that were obviously coming
“The good-faith exception to the exclusionary rule does not apply to a warrantless vehicle search based solely on the smell of marijuana that occurred before we issued our opinion in State v. Torgerson, 995 N.W.2d 164 (Minn. 2023), which held … Continue reading
MO: State can waive requirement of written motion to suppress
While statute requires a written motion to suppress, the state can agree to it being oral, which happened here. Defendant loses on the merits, however, for exigent circumstances. State v. Yates, 2025 Mo. App. LEXIS 839 (Dec. 9, 2025). The … Continue reading