September 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 Archives
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Recent Posts
- WaPo: Americans have turned against police cameras that track license plates, new survey shows
- W.D.Tex.: What is the duty of the neutral and detached magistrate?
- D.Me.: Yes, more investigation could have been done, but there’s still PC on what there was
- CA3: Brady doesn’t apply to SW materials
- E.D.Mich.: Person a cell phone was given to as gift could consent to search
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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 -
Latest Slip Opinions:
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Foreign Intell.Surv.Ct.
FDsys, many district courts, other federal courts
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To search Search and Seizure on Lexis.com $ -
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General (many free):
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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)
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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
Privacy Foundation
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NACDL’s Domestic Drone Information Center
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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)
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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: Administrative search
E.D.Mich.: Michigan liquor control administrative searches here don’t comply with Burger/Patel
The administrative search provisions of the Michigan liquor control statute don’t measure up to the Burger/Patel standards for administrative searches. Defendants’ motion for summary judgment denied. Generis Ent., LLC v. Donley, 2026 U.S. Dist. LEXIS 185142 (E.D. Mich. Aug. 18, … Continue reading
CA9: Ptfs didn’t meet burden of showing administrative subpoena was 4A violation or in bad faith
Bad faith administrative subpoenas are grounded in the Fourth Amendment, but the burden is high in showing bad faith, and plaintiffs didn’t meet it. Queerdoc, PLLC v. DOJ, 2026 U.S. App. LEXIS 24567 (9th Cir. Aug. 14, 2026) (“The prohibition … Continue reading
IN Tax: 4A claim over order to enter for tax assessment moot where it didn’t happen
There was an order to enter the taxpayer’s property for an assessment; however, the entry never occurred, so the Fourth Amendment issue is moot. Bolte v. Dubois Cty. Assessor, 2026 Ind. Tax LEXIS 35 (T.C. Aug. 3, 2026). “The record … Continue reading
E.D.Mich.: State environmental inspector who entered property to look at unlicensed seawall gets QI
Plaintiff built a seawall on an inland lake without a permit. State environmental inspectors came to look and referred him for a violation of regulations. He sued in federal court for Fourth Amendment trespass. Despite it being clear the inspector … Continue reading
ND: Probation search of cell phone was reasonable
Probation search of defendant’s cell phone, whether he owned it or merely possessed it, was reasonable. He claimed it was someone else’s he had with permission. State v. Warner, 2026 ND 133 (July 9, 2026). Habeas petitioner’s Fourth Amendment ineffective … Continue reading
CA7: Administrative inspection stop of truck without RS was pretext for drug search
Defendant showed that the administrative stop and inspection of this semi-truck was pretextual, without reasonable suspicion for the stop, and not in furtherance of the administrative program for truck inspections. Under Burger (its n.27), pretext can be an issue. United … Continue reading
Fed.Cir.: VA’s determination here for mandatory in-home reassessment visits did not violate 4A under Wyman v. James
The VA’s determination here for mandatory in-home reassessment visits did not violate the Fourth Amendment under Wyman v. James. The statute gives the VA that discretion. Latham v. Sec’y of Veterans Affairs, 2026 U.S. App. LEXIS 17328 (Fed. Cir. June … Continue reading
Cal.2: CA OSHA had the authority to subpoena records over a workplace death, but this one was overbroad
An Uber delivery driver died on the job, and California OSHA sought records. Uber refused. OSHA subpoenaed them. OSHA has the power to subpoena records related to the death because it’s within its remit, but this one is overbroad and … Continue reading
NY3: Cannabis stores are closely regulated businesses
Regulatory inspections of cannabis stores is reasonable and not a violation of the Fourth Amendment. They are closely regulated under Burger, and the extent of inspections is limited. Matter of Super Smoke N Save LLC v. N.Y. State Cannabis Control … Continue reading
S.D.N.Y.: Four-year-old SW materials were subject to redaction and in camera submission to see about release
Project Veritas sued over sealed search warrant materials, and it’s been four years since the warrants. There’s a public interest in disclosure, and the government shall file in camera proposed redactions of the materials. Generalized claims of law enforcement need … Continue reading
D.R.I.: DOJ administrative subpoena for children’s medical records quashed; DOJ’s “presumption of regularity” is gone
This administrative subpoena for Rhode Island children’s medical records is quashed. DOJ’s presumption of regularity of its actions is now gone. In re Administrative Subpoena 25-1431-032 to R.I. Hosp., 2026 U.S. Dist. LEXIS 105676 (D.R.I. May 13, 2026) (Update: ATL: … Continue reading
E.D.La.: ICE SDT to Orleans Parish Sheriff for immigration status of detainees was valid
ICE issued a subpoena to the Orleans Parish Criminal Sheriff for information about detainees’ immigration status. After oral argument, the subpoena was narrowed, and it now complies with Morton Salt which “incorporates the Fourth Amendment reasonableness standard that applies to … Continue reading
D.Mass.: A failed attempt at an admin warrant and Franks violation
A contractor doing remodeling to a Bearded Dragon online business told the City about health code violations on the premises after he walked off the job. A health department officer walked through with permission and noted no violations. Later, an … Continue reading
E.D.Mo.: The city’s notice under a work order of a preservation program wasn’t a 4A seizure
“In 2018, the City of St. Louis passed Ordinance 70794, which created the Preserve and Rehabilitate Program.” “Broadly speaking, the Complaint highlights—at a minimum—gross mismanagement under the Preserve and Rehabilitate Program. But when focusing specifically on the purported conduct of … Continue reading
NY3: Housing law that requires landlords to submit to premises and records searches is unconstitutional
Section 8 housing law that requires landlords to submit to premises and records searches is unconstitutional. Matter of People of the State of N.Y. v. Commons W., LLC, 2026 NY Slip Op 01253 (3d Dept. Mar. 5, 2026). Leave to … Continue reading
CA6: Administrative search that is a ruse for a criminal search was clearly established as 4A violation
An administrative search that is a ruse for a criminal search was clearly established at the time this one happened. Qualified immunity denied. Generis Ent., LLC v. Donley, 2026 U.S. App. LEXIS 5197 (6th Cir. Feb. 19, 2026). Not the … Continue reading
M.D.Fla.: Reporting requirements for real estate transactions under Bank Secrecy Act do not violate 4A
The financial reporting requirements for real estate transactions under the Bank Secrecy Act satisfy the statutory requirements which are more onerous than the Fourth Amendment requires under Shultz. Therefore, there’s no Fourth Amendment violation. An inquiry can be made, as … Continue reading
OH4: Inventory found pretextual
The inventory here was found pretextual by the way the officer conducted it; e.g., not using gloves until something was found [which says nothing to me]. State v. Clark, 2026-Ohio-447, 2026 Ohio App. LEXIS 510 (4th Dist. Feb. 5, 2026). … Continue reading
D.Colo.: Prospective relief against judge-authorized administrative warrants denied
Plaintiff was the subject of an administrative warrant issued by a neutral and detached magistrate. The request for prospective relief is denied, and the complaint is dismissed. Waldrop v. Colo. Dep’t of Agric., 2026 U.S. Dist. LEXIS 27532 (D. Colo. … Continue reading