Category Archives: Uncategorized

Bill of Rights Day — 226 years ago today the Bill of Rights was ratified

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S.D.Cal.: Govt doesn’t get to reopen to address an issue it was told about at hearing and should have seen coming

The government filed a motion to reopen the suppression hearing after the court raised whether there was collective knowledge and the government didn’t respond. It should have seen this coming. “The Court cannot find good cause to reopen the evidentiary … Continue reading

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Lexis’s U.S. Dist. database will hit 200,000 in 2017 today

… for the first time. They’re clearly trying to include more stuff from the U.S. District Courts. Some of it is meaningless, I know and I see, but there is more substance being posted. This is about 4 times the … Continue reading

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WaPo: This week in the Fourth Amendment: Cops, drugs and the Castle Doctrine

WaPo: This week in the Fourth Amendment: Cops, drugs and the Castle Doctrine by Radley Balko:

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SCOTUSblog: Argument preview: The justices return to cellphones and the Fourth Amendment

SCOTUSblog: Argument preview: The justices return to cellphones and the Fourth Amendment by Amy Howe: [D]oes the third-party doctrine apply the same way to cellphones, which only became commercially available a few years after the court’s decisions in Miller and Smith?… That question … Continue reading

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FourthAmendment.com named to ABA Journal’s Web 100 top law blogs for third year

ABAJ: Welcome to the 2017 ABA Journal Web 100 by Andrew Lefkowitz, Sarah Mui and Stephen Rynkiewicz. For the last ten years, it was called the ABA Journal’s Blawg 100. The name was changed this year to include podcasts, twitter … Continue reading

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LawFare: The Fourth Amendment Doesn’t Recognize a General “Right to be Secure”

LawFare: The Fourth Amendment Doesn’t Recognize a General “Right to be Secure” by Orin Kerr:

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D.N.M.: Def was detained at the border and inside a building, but he wasn’t “in custody” for Miranda purposes

Defendant was detained at the border and inside a building, but he wasn’t “in custody” for Miranda purposes. “Bustillos-Ramirez’s time seated at the table presents a situation similar to those cited in which the courts found that the defendant was … Continue reading

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CA11: Failure to object to R&R was waiver of search issue

Defendant didn’t object to the magistrate’s R&R. The stop was found valid in the district court for having a tag light out and then consenting to a search. United States v. Jackson, 2017 U.S. App. LEXIS 23048 (11th Cir. Nov. … Continue reading

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Reason: The Senate Intelligence Committee Really Wants to Secretly Snoop on Americans

Reason: The Senate Intelligence Committee Really Wants to Secretly Snoop on Americans by Scott Shackford: Every attempt to restrain and reform unwarranted domestic surveillance batted away.

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