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- VA: 12 second question about drugs didn’t unreasonably prolong the stop that was going to take a while anyway
- 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
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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) -
“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: Burden of proof
TX13: Where charged with failure to identify, the lawfulness of the detention can’t be determined by a motion to suppress
Where defendant was charged with failure to identify herself when lawfully detained, this court is bound by the Court of Criminal Appeals in Woods that a motion to suppress can’t be used to litigate the lawfulness of the initial detention. … Continue reading
DE: Admitting violation of probation is a waiver of suppression issue
Admitting to the violation of probation is a waiver of any suppression issue. Thompson v. State, 2016 Del. LEXIS 441 (Aug. 19, 2016). The fact that defendant matched the description of a suspicious person reported to the police, was in … Continue reading
D.C.Cir.: Govt waived standing by not presenting issue to Dist.Ct.
The government waived defendant’s lack of standing by not arguing it in the district court. The faint smell of marijuana and multiple air fresheners was probable cause to search. United States v. Sheffield, 2016 U.S. App. LEXIS 14826 (D.C.Cir. Aug. … Continue reading
S.D.N.Y.: Child porn SW affidavit doesn’t need pictures attached: a description will do
The description “child pornography” is enough for the affidavit for a CP search warrant–the pictures themselves don’t have to be attached to prove it. United States v. Weatherman, 2016 U.S. Dist. LEXIS 104878 (S.D. N.Y. Aug. 9, 2016). Based on … Continue reading
S.D.N.Y.: Lack of full detail and minor discrepancies from reports didn’t make officers unbelievable
In a Bronx stop and frisk, the fact that the four NYPD Stop, Question and Frisk Report Worksheets for each person frisked didn’t have the detail of the officers’ hearing testimony or resulted in minor discrepancies doesn’t make them unbelievable. … Continue reading
E.D.Wis.: Rule 41 violation isn’t necessarily a 4A violation
A violation of Rule 41 simply is not a Fourth Amendment violation. The case defendant cites isn’t on point. “[T]he defendant ignores the fact that, thirteen years after [that] decision, and almost thirty years before the search that resulted in … Continue reading
S.D.Ga.: Search issue mentioned in passing and not fleshed out is waived
“The felony probation-violation arrest warrant alone was all the police needed to arrest James at any time, so his warrantless seizure argument is simply frivolous.” Another argument mentioned in passing is treated as waived for failure to flesh it out. … Continue reading
M.D.Ala.: Def didn’t show standing but gov’t didn’t raise it, so it’s waived
The court finds on the face of the pleadings that one defendant had no standing to contest the search but goes to the merits because the government failed to assert standing. United States v. Pierce, 2016 U.S. Dist. LEXIS 93614 … Continue reading
WI: Air fresheners on every vent in a high crime area with tinted windows was RS
Air fresheners on every vent of the air conditioning and being in a high crime area with tinted windows was reasonable suspicion of possession of drugs, but it’s a close call. Defendant voluntarily consented to the search of his car … Continue reading
N.D.Cal.: On a motion to reconsider, this is why def wasn’t deemed credible at suppression hearing
Defendant was found not credible at the suppression hearing. He filed a motion to reconsider to object. The court explains why, which is a lesson to all defense lawyers and maybe defendants. United States v. Lawson, 2016 U.S. Dist. LEXIS … Continue reading
IL: Error in overruling def objection at suppression hearing doesn’t require new suppression hearing if outcome wouldn’t change
Erroneous overruling of defendant’s objections during a suppression hearing doesn’t necessarily require a new suppression hearing if the appellate court finds it harmless or wouldn’t change the outcome. People v. Maxey, 2016 IL App (1st) 130698, 2016 Ill. App. LEXIS … Continue reading
D.Minn.: USDJ’s job is to adopt R&R when the proof is in dispute
When there are two views of the suppression evidence before the USMJ that are plausible, it’s not the USDJ’s job to reject the R&R but adopt it. United States v. Hull, 2016 U.S. Dist. LEXIS 83877 (D.Minn. June 27, 2016)*:
DE: Patdown unreasonable; state didn’t argue for probation search and court won’t decide that
Defendant was subjected to a patdown that was unreasonable, and it is suppressed. Defendant was on probation then, and the probation search exception could have been relied on but wasn’t. The court won’t argue the state’s case for it. State … Continue reading
ID: A party doesn’t have to cite specific case law to preserve its Fourth Amendment argument if it otherwise says the right words
The state doesn’t have to cite specific case law to preserve its argument; just make the argument. Here, it was that defendant was stopped for wandering on the road and that produced no DL and that he was driving a … Continue reading
E.D.N.Y.: Def got a suppression hearing and was directed to address standing; he didn’t show it
Defendant was stopped for erratic driving in Brooklyn and his car was driven by another officer to the precinct station where it was inventoried. In the order setting the hearing, the court directed defendant to better address his standing, and … Continue reading