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- TX1: Def has a duty to make his record on PC and the SW; missing affidavit was on him
- N.D.Ala.: SW not invalid because issuing judge previously represented the target
- The Guardian: ‘We should be worried’: report sheds light on ICE’s booming arsenal of hi-tech surveillance tools
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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)
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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: Plain view, feel, smell
D.S.D.: Photos of defs didn’t match the description of officers where that was part of RS calculus; search suppressed
The USMJ credited the defendants on the reasonable suspicion for continuing the stop based on the photographs of the defendants after their arrest that didn’t match what the officer was relying on for their dress and jewelry. No reasonable suspicion, … Continue reading
D.Conn.: SW for drugs in house supported plain view of gun under mattress
There was evidence linking defendant’s alleged drug offenses to his home, so the warrant for his home was justified. A drug search is intensive, and the gun found under a mattress was in plain view. United States v. Reyes, 2017 … Continue reading
M.D.N.C.: SW for stolen tractor lawn mower didn’t support plain view in house of firearm
A search warrant for a stolen tractor lawn mower didn’t support a plain view in defendant’s house for alleged illegal firearms because they aren’t per se unlawful to possess. They could have been registered. United States v. White, 2017 U.S. … Continue reading
MO: Stop requires RS but arrest requires PC
“Here, the trial court erred in requiring the Director to prove there was reasonable suspicion to justify stopping Williams’ vehicle. The Director was only required to prove there was probable cause to arrest Williams for driving in violation of an … Continue reading
CA2: Protective sweep leading to plain view doesn’t require immediate seizure
Police entered the apartment with an arrest warrant for one occupant and found four living there. A gun and drugs were in plain view. During a protective sweep, a gun and cell phone were found in defendant’s room. They weren’t … Continue reading
TX14: Use of a spotlight on a boat was not a seizure
The use of a spotlight on a boat at night was not a seizure. Neale v. State, 2017 Tex. App. LEXIS 5008 (Tex. App. – Houston (14th Dist.) June 1, 2017):
IL: “Immediately apparent” for plain view really means “probable cause”
Product bar codes found in plain view in defendant’s car were seized with probable cause. Officers experienced in investigating retail theft from a Best Buy were investigating thefts that involved altered bar codes. “Immediately apparent” for plain view really means … Continue reading
FL1: No REP in bloody clothes of shooting victim who came to ER: they were in plain view
Defendant was shot, and he showed up at an emergency room claiming he was the victim of a robbery. His bloody clothes were removed from him and bagged and on the floor. A police officer noticed the clothes and considered … Continue reading
IA: Plain view of a baggie is enough to seize it without also knowing that there are drugs in it
Plain view of a plastic baggie is enough to seize it without also knowing that there are drugs in it. State v. Taylor, 2017 Iowa App. LEXIS 517 (May 17, 2017). Defendant’s speeding and his condition was reasonable suspicion for … Continue reading
E.D.Pa.: Gun on person was in plain view during struggle with officer
The gun on defendant’s person was in plain view during the defendant’s struggle with the officer. United States v. Cann, 2017 U.S. Dist. LEXIS 68028 (E.D. Pa. May 3, 2017).* A witness claimed defendant was viewing child pornography on his … Continue reading
CA4: $41,000 cash could be seized in execution of a warrant for marriage and immigration fraud based on def’s explanation
$41,000 cash could be seized in execution of a warrant for marriage and immigration fraud even though its evidentiary significance wasn’t instantly obvious. United States v. Kimble, 2017 U.S. App. LEXIS 7776 (4th Cir. May 2, 2017):
C.D.Cal.: Even though California recognizes recreational marijuana, smell is still RS of driving under influence
Even though recreational use of marijuana is recognized in California, smoking while driving is still an offense, and smell is at least reasonable suspicion. United States v. Pearson, 2017 U.S. Dist. LEXIS 65260 (C.D. Cal. April 28, 2017).* “Based upon … Continue reading
D.Nev.: Def corroborated officer’s smelling MJ by admitting he smoked in the car the previous night
Defendant corroborated the officer’s observation of the smell of marijuana coming from the car when he admitted having smoked marijuana in the car the night before. He also corroborated the drug dog by admitting he kept marijuana where the dog … Continue reading
IA: Passenger smelling of MJ not PC as to the whole car
Defendant’s car was parked at a gas station pump too long while one of them went for gas money. The police showed up, asked for IDs and found a warrant on the passenger. The passenger got out of the car, … Continue reading
W.D.Ky.: A safe can’t be seized under plain view during an emergency entry after a shooting; its contents are unknown
“Here, police were investigating a serious crime involving gunfire and could not account for a victim. Based on the totality of evidence that the officers were aware of at the time they decided to make entry into the residence, it … Continue reading
WV: Smell of burning MJ coming from def’s house was justification to enter
Officers approaching defendant’s house could smell marijuana. When the door was opened, the smell got stronger, and that justified a warrantless entry. State v. Ott, 2017 W. Va. LEXIS 256 (April 10, 2017) (memorandum). The CI never said he was … Continue reading
OH3: Drug dog on scene in 1 min didn’t prolong the stop
Defendant was stopped for window tint, and the drug dog arrived within one minute. The dog sniff did not delay the stop because no response had yet been received from dispatch. State v. Wade, 2017-Ohio-1319, 2017 Ohio App. LEXIS 1340 … Continue reading
D.Kan.: Officers on consent search saw cell phone in plain view and they knew it would have evidence on it; seizure proper
The court assumes without deciding that defendant had standing to challenge the search of his sister’s house because, although he was kicked out because of an arrest warrant for him, she let him back in to take a shower, charge … Continue reading
D.Me.: When acting on smell of burning MJ, officer doesn’t have to determine whether def has an MMJ card to nullify PC
The smell of marijuana in a national park led to the ranger seeing defendant with a vaporizer smoking device and a stronger smell. This was probable cause, and probable cause doesn’t depend on the officer inquiring whether the defendant has … Continue reading