Category Archives: Uncategorized

LATimes: ‘Ghost stops’: Lieutenant claims LAPD officials were warned about troubled gang unit

LATimes: ‘Ghost stops’: Lieutenant claims LAPD officials were warned about troubled gang unit by Libor Jany (claim of retaliation for reporting on police stops where body cams were turned off or no reports ever made).

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To ChatGPT: Why should lawyers not trust AI for briefs?

Lawyers may have concerns about relying on AI for legal briefs due to several reasons. While AI can be a powerful tool for legal research and drafting, there are potential pitfalls that can make it risky to trust AI entirely … Continue reading

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The Marshall Project: How a 1963 Cleveland Case Shaped Stop-and-Frisk Police Tactics, and Why It Still Matters

The Marshall Project: How a 1963 Cleveland Case Shaped Stop-and-Frisk Police Tactics, and Why It Still Matters by Brittany Hailer and Rachel Dissell, data analysis by Doug Livingston. In § 21.04 of the Treatise there’s a discussion of the history … Continue reading

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Today is Bill of Rights Day

Fourth Amendment, established December 15, 1791.

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Reason: Kindle Version of “The Digital Fourth Amendment” Is Now Available

Reason: Kindle Version of “The Digital Fourth Amendment” Is Now Available by Orin S. Kerr (“You have to wait until January for the physical book, but you can read the electronic version now. … I’m very pleased to say that … Continue reading

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Forbes: FinCEN Says Corporate Transparency Act (CTA) Reports Are Voluntary Following Court Decision

Forbes: FinCEN Says Corporate Transparency Act (CTA) Reports Are Voluntary Following Court Decision. My post on the case here

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For originalists, is using the military to conduct arrests and detentions in the U.S. a “reasonable search and seizure”?

Reuters: Republican Rand Paul opposes Trump talk of using military in deportations by Bo Erickson (“A 19th century U.S. law prohibits federal troops from being used in domestic law enforcement except when authorized by Congress. [¶] Paul, at times a … Continue reading

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D.Ariz.: An inventory at the scene and not at the police station is still valid

The fact an otherwise valid inventory of defendant’s satchel happened in the field and not at the police station doesn’t make it unreasonable. United States v. Soto, 2024 U.S. Dist. LEXIS 202833 (D. Ariz. Nov. 7, 2024). Small talk between … Continue reading

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Podcast: Fourth Amendment Protections in a Connected World

Digital Boundaries: Fourth Amendment Protections in a Connected World — The Presumption of Innocence (Podcast) (“Modern technology is testing the limits of the Fourth Amendment and redefining the parameters of privacy. Michael Price, Litigation Director of the Fourth Amendment Center … Continue reading

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Law Review: The Automated Fourth Amendment

Maneka Sinha, The Automated Fourth Amendment, 73 Emory L. J. 589 (2024). The abstract:

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NACDL CLE: Artificial Justice: AI, Tech and Criminal Defense (Oct. 7-8)

NACDL CLE: Artificial Justice: AI, Tech and Criminal Defense, Georgetown University Law Center, Washington, DC, October 7-8 from NACDL’s Fourth Amendment Center and Georgetown. The materials were distributed yesterday, and it will be excellent.

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SCOTUS grants cert in excessive force case

Barnes v. Felix, 23-1239 (granted Oct. 4, 2024):

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Reason: A Houston Drug Cop’s Murder Conviction Highlights the Potentially Deadly Consequences of ‘Testifying’

Reason: A Houston Drug Cop’s Murder Conviction Highlights the Potentially Deadly Consequences of ‘Testifying’ by Jacob Sullum (“It is hard to say how often this sort of thing happens, since prosecutors, judges, and jurors tend to discount the protestations of … Continue reading

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Book Review of Unreasonable: Constitutionalizing Racism

Book Review: Jonathan P. Feingold, Constitutionalizing Racism, 104 B.U. L. Rev. Online 1 (2024):

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Yes, I’m behind on postings

I’m in my ninth trial this year. Tenth next week.

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AP: Prosecutors plan to charge former Kansas police chief over his conduct following newspaper raid

AP: Prosecutors plan to charge former Kansas police chief over his conduct following newspaper raid by John Hanna (“Two special prosecutors said Monday that they plan to charge a former central Kansas police chief with obstruction of justice over his … Continue reading

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WaPo: House privacy talks implode in spectacular fashion

WaPo: House privacy talks implode in spectacular fashion, Analysis by Cristiano Lima-Strong (“For years, attempts by Congress to rein in Silicon Valley have largely fizzled out with a whimper. But on Thursday, House efforts to pass a long-sought national privacy … Continue reading

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MD: New statute that smell of cannabis isn’t PC isn’t retroactive

The statute saying that the smell of cannabis in a car is no longer probable cause isn’t retroactive, and a search that occurred before its effective date is not subject to the exclusionary rule. Kelly v. State, 2024 Md. App. … Continue reading

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D.Minn.: Calling in wrong LPN made stop unreasonable

Defendant’s stop based on a mistaken belief the vehicle was stolen was not objectively reasonable when it was based on calling in the wrong number. United States v. Fields, 2024 U.S. Dist. LEXIS 99668 (D. Minn. June 5, 2024), rejecting … Continue reading

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N.D.Okla.: Cell phones possessed by tribal police not subject to return under Rule 41(g)

Motion for return of cell phones is denied. They are in the possession of the Muskogee Creek Nation tribal police, not the federal government. United States v. Smith, 2024 U.S. Dist. LEXIS 87341 (N.D. Okla. May 15, 2024). Motion for … Continue reading

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