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- E.D.La.: RS def was armed in a NOLA firearms free zone
- N.D.Ind.: Police arriving during ongoing 911 call justified entry on exigency
- CA9: 48-hour delay in getting a warrant for a mailed package wasn’t unreasonable
- W.D.N.Y.: Def had standing in his work premises under Mancusi v. Deforte
- D.S.D.: The fact a protective sweep came up empty doesn’t mean it wasn’t justified
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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: Probable cause
W.D.N.Y.: Def had standing in his work premises under Mancusi v. Deforte
Defendant had standing in his work premises under Mancusi v. Deforte. On the merits his Franks challenge fails: “Even assuming arguendo that any of the above challenged statements could be considered false or misleading, Defendants have put forth no credible … Continue reading
N.D.Ohio: Violating retail store’s “no firearms” prohibition was RS for stop
Defendant’s violating a “no firearms” prohibition at a retail establishment was reasonable suspicion for his stop for trespassing. United States v. Sinkfield, 2026 U.S. Dist. LEXIS 54823 (N.D. Ohio Mar. 17, 2026). To succeed on an ineffective assistance of counsel … Continue reading
OR: Stop for illegible temporary paper plate was objectively reasonable [and pretextual]
Defendant’s temporary paper plate was wrinkled and illegible, and that led to the stop. The car was also known to frequent drug houses. Stop still valid. State v. Martin, 347 Or. App. 680 (Mar. 11, 2026).* The individual facts didn’t … Continue reading
Army: PC shown for picture files in other apps on cell phone
There was probable cause to search the picture files in defendant’s cell phone beyond the app defendant used. It was reasonable to conclude pictures could be moved between places on the phone. United States v. Ingram, 2026 CCA LEXIS 119 … Continue reading
D.Ariz.: PC for forfeiture is similar to PC for a warrant
Probable cause for forfeiture is similar to probable cause for a warrant. United States v. Tetherus, 2026 U.S. Dist. LEXIS 49868 (D. Ariz. Mar. 11, 2026)*:
D.Neb.: Just because the state seizes a cell phone doesn’t mean they know the Brady implications of the contents
Just because the state seizes a cell phone doesn’t mean they know the Brady implications of the contents. Moss v. Jeffreys, 2026 U.S. Dist. LEXIS 45716 (D. Neb. Mar. 4, 2026) (§ 60.58 n.2) 2255 petitioner’s claim that defense counsel … Continue reading
CA8: Crowd dispersal was not a seizure
Police actions in dispersing a crowd were not a seizure, even using less than lethal force. Perkins v. City of Des Moines, 2026 U.S. App. LEXIS 6528 (8th Cir. Mar. 5, 2026).* CBP officer’s conviction for excessive force on a … Continue reading
W.D.Ark.: Exclusionary rule doesn’t apply to sentencing
The exclusionary rule doesn’t apply to sentencing. Owen v. United States, 2026 U.S. Dist. LEXIS 42184 (W.D. Ark. Jan. 20, 2026) (recognizing rule). The officer here blocked defendant’s parked car while he was in it, so that was a stop. … Continue reading
CA10: RS didn’t dissipate during wait for drug dog
Reasonable suspicion here once developed didn’t dissipate before the 20-30 minute wait for the drug dog. United States v. Labs, 2026 U.S. App. LEXIS 5789 (10th Cir. Feb. 27, 2026). By statute, “[t]he evidence admissible for meeting the State’s burden … Continue reading
TN: Three controlled buys in three days is PC
Three controlled buys three days in a row was probable cause for a warrant for defendant’s house. State v. White, 2026 Tenn. Crim. App. LEXIS 95 (Feb. 27, 2026).* “Here, a review of the affidavit demonstrates that it does contain … Continue reading
DC: “police had probable cause to believe that Mr. Turner’s bullet-riddled car might contain bullet fragments from the shooting”
“There can be little question that the police had probable cause to believe that Mr. Turner’s car contained evidence of a crime. Four cars parked along the street, including Mr. Turner’s Lexus, were struck by bullets in a drive-by shooting. … 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
E.D.Pa.: Warrant not required to be shown at time of arrest
The Fourth Amendment does not require a warrant be provided at the time of arrest, and an arrest can occur with probable cause and without a warrant in felony cases. Mister v. Marino, 2026 U.S. Dist. LEXIS 33508 (E.D. Pa. … Continue reading
E.D.N.Y.: It’s not actually required a cell phone be involved in a crime; it’s whether it is likely it was
It’s not constitutionally required to show that a cell phone was actually used in a crime for probable cause to search it. It’s enough that it likely could have. “A law enforcement-affiant’s personal expertise combined with attestation to a defendant’s … Continue reading
CA8: Stop unreasonably extended for drug dog; denial of suppression reversed
Window tint violation should have taken 5-6 minutes, but it dragged out for 20 minutes while the drug dog was coming. The stop was overlong under Rodriguez and the motion to suppress should have been granted. United States v. Johnson, … Continue reading
N.D.Iowa: Motion for return of property after final administrative seizure denied
Defendant’s motion for return of seized cash comes after administrative forfeiture became final. Denied. United States v. Mims, 2026 U.S. Dist. LEXIS 27957 (N.D. Iowa Feb. 11, 2026).* Defendant didn’t seek resolution of his motion to suppress, so the trial … Continue reading
NC: Temporary immobility of a car doesn’t prevent the automobile exception from applying
Temporary immobility of a car doesn’t prevent the automobile exception from applying. (This is after a remand for a probable cause finding. The court also discusses the good faith exception and the court must guard against the exception swallowing the … Continue reading
E.D.N.C.: Random stop at military base gate validly led to DUI
Military officers working the gate at Fort Bragg had reasonable suspicion defendant was driving under the influence when he was stopped for random inspection before entry into the base. It ripened to probable cause. United States v. Lock, 2026 U.S. … Continue reading