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Recent Posts
- CA7: Jail officials holding plaintiff under a valid court order aren’t liable for not releasing him sooner after a sentencing error
- Volokh: Do Fourth Amendment Protections Change When Property Is Moved?
- M.D.Pa.: Def was neither shipper nor recipient of USPS parcel, so he had no standing in it
- WI: Obtaining def’s DNA by ruse wasn’t an illegal search
- WaPo: Apple, Google and Venmo fight new U.S. plan to monitor payment apps
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ABA Journal Web 100, Best Law Blogs (2017); ABA Journal Blawg 100 (2015-16) (discontinued 2018)
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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 -
© 2003-24,
online since Feb. 24, 2003 Approx. 425,000 visits (non-robot) since 2012 Approx. 45,000 posts since 2003 (26,730+ on WordPress as of 12/31/23) -
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Fourth Amendment cases,
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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)
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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 -
"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)
Website design by Wally Waller, Little Rock 
Monthly Archives: January 2023
By 2022, one would think that all would know planning a crime with Google searches would be incriminating; but no
Yahoo news: Brian Walshe pleads not guilty to murder: Everything we know about the case: In court Wednesday, prosecutor Lynn Beland said investigators believe Brian Walshe dismembered his wife and disposed of her remains after using their son’s iPad to … Continue reading
CA5: GFE to scope of search moots inquiring into PC
Because the good faith exception applied to the scope of search, the merits of the justification for the warrant is moot. United States v. Edwards, 2023 U.S. App. LEXIS 1032 (5th Cir. Jan. 17, 2023). A passenger didn’t have standing … Continue reading
S.D.N.Y.: Pending recalculation of time on parole didn’t affect legality of parole search
Defendant’s state remaining parole time was subjected to recalculation but it hadn’t happened by the time of the parole search based on a tip he had a firearm. Therefore it was reasonable. Alternatively, it was by consent. United States v. … Continue reading
NC: Officer who had knowledge of driver’s medical disqualification from driving could make a stop
“Therefore, a law enforcement officer with either probable cause or reasonable suspicion to believe that the driver of a vehicle is driving with a medically canceled license may conduct a lawful traffic stop of that vehicle without running afoul of … Continue reading
DE: State habeas not for 4A claims
A state habeas petition is not how one presents a Fourth Amendment claim. Chrisden v. State, 2023 Del. LEXIS 17 (Jan. 13, 2023). Defendant’s traffic stop was factually justified. The smell of marijuana and his admissions gave probable cause to … Continue reading
W.D.N.Y.: Moving car without PC for later dog sniff hours later tainted SW based on dog alert
Defendant’s vehicle was stopped and ultimately removed to another location for a dog sniff to get probable cause for a search warrant for the car. The removal was unreasonable and justified under the Fourth Amendment. The dog sniff was several … Continue reading
E.D.Tenn.: 11 day delay in getting computer SW not unreasonable
Depending on how one counted the time between the seizure of the cell phone and the search warrant, it was either 3 or 11 days, and either is reasonable. United States v. Deakins, 2023 U.S. Dist. LEXIS 6661 (E.D. Tenn. … Continue reading
CA6: Erroneous LEO database info still justified stop
Officers had information from the state DL and LPN database that defendant’s car had no insurance. That justified the stop even if it turned out to be erroneous. United States v. Conley, 2023 U.S. App. LEXIS 856 (6th Cir. Jan. … Continue reading
E.D.N.Y.: Without knowing what to suppress, motion to suppress is premature
Defendant’s motion to suppress the search of Device A is premature since the product of the search isn’t yet known. Also, his motion to suppress the search of Device B is denied for lack of standing. It isn’t his. United … Continue reading
CA6: Potential defenses don’t undermine PC for arrest
Potential defenses to a case plaintiff was arrested for do not nullify the probable cause. Chiaverini v. City of Napoleon, 2023 U.S. App. LEXIS 865 (6th Cir. Jan. 11, 2023):
CA6: Anonymous tip shown reliable enough for probation search
This anonymous tip of criminality of a probationer was shown to be reliable enough for reasonable suspicion. United States v. Rogers, 2023 U.S. App. LEXIS 786 (6th Cir. Jan. 11, 2023). Defendant is accused of vandalizing the Anchorage Jewish Museum. … Continue reading
CA6: Water heard running in hotel room bathroom supported exigency for avoiding destruction of evidence
Water heard running in the bathroom of a hotel room justified entry to avoid potential destruction of evidence. United States v. Hill, 2023 U.S. App. LEXIS 785 (6th Cir. Jan. 11, 2023). Defendant’s Franks challenge doesn’t undermine the two critical … Continue reading
Bloomberg: Google Keyword Search Warrants Questioned by Colorado Lawyers
Bloomberg Law: Google Keyword-Search Warrants Questioned by Colorado Lawyers (“Lawyers for the arson case defendant maintain that Google must search billions of users to respond to keyword search warrants, raising privacy implications far beyond Colorado. ‘This is a really significant new … Continue reading
M.D.Pa.: Refusal to show hands when ordered shows no seizure
Defendant’s refusal to show his hands when ordered to by the officer was not a seizure. United States v. Garner, 2023 U.S. Dist. LEXIS 5400 (M.D. Pa. Jan. 11, 2023).* Defendant’s stop was justified and it escalated to reasonable suspicion … Continue reading
CA6: New information about a search doesn’t qualify for successor habeas
Alleged new information about the search of defendant’s property doesn’t allege actual innocence and thus is not grounds for a successor habeas. In re Fisher, 2023 U.S. App. LEXIS 677 (6th Cir. Jan. 11, 2023). 2255 petitioner’s ineffectiveness claim on … Continue reading
IA: State failure to object to lack of Franks preliminary showing results in hearing, but def fails anyway
Defendant got a Franks hearing without an adequate showing, and the state didn’t object. So the court of appeals considers the showing at the hearing over the state’s objection, and defendant fails to show recklessness or intentional false statement or … Continue reading
IA: “Driving while black” rejected because stop was objectively reasonable
Defendant sought to cast his stop as pretextual and “driving while black,” but it’s rejected because the stop was objectively reasonable. “We conclude that while the officer’s actions placed Cyrus in a situation with an unarguable ‘moral and instinctive pressure[ … Continue reading
CA4: Terry stop is not necessarily custody for Miranda purposes
A Terry stop is not necessarily custody for Miranda purposes. They can be, but they focus on different questions. United States v. Leggette, 2023 U.S. App. LEXIS 521 n.5 (4th Cir. Jan. 10, 2023). Collective knowledge of the officers involved … Continue reading
D.N.J.: No 6A right to have counsel present at execution of a DNA warrant in the jail
There is no Sixth Amendment right for counsel to be present when a DNA sample is taken from defendant at the jail by warrant. United States v. Hubbard, 2023 U.S. Dist. LEXIS 3661 (D.N.J. Jan. 9, 2023). CBP had reasonable … Continue reading
CA8: An attempted arrest isn’t a seizure, even without PC
“However, an attempted arrest alone, even if unsupported by probable cause, is insufficient to invoke Fourth Amendment protections against unreasonable seizures. See Hodari D., 499 U.S. at 626 (‘The word “seizure” … does not remotely apply … to the prospect … Continue reading