Category Archives: Uncategorized

New Law Review Article: Cross-Enforcement of the Fourth Amendment by Orin Kerr

Cross-Enforcement of the Fourth Amendment, 132 Harv. L. Rev. 471 (2018), by Orin Kerr. Abstract:

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KS: Smell of MJ at def’s door was PC it was inside; protective sweep valid

The smell of marijuana at defendant’s door was probable cause there was marijuana inside, and that justified a protective sweep to secure the premises pending getting a warrant. State v. Hubbard, 2018 Kan. LEXIS 592 (Dec. 7, 2018):

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Human Rights Watch: =Dark Side: Secret Origins of Evidence in US Criminal Cases

Human Rights Watch: Dark Side: Secret Origins of Evidence in US Criminal Cases

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E.D.N.Y.: Partially redacted aff for SW admissible to show consciousness of guilt

The government gets to use the affidavit for search warrant but partially redacted to show defendant’s consciousness of guilt. United States v. Zhong, 2018 U.S. Dist. LEXIS 199848 (E.D. N.Y. Nov. 26, 2018). A firearm found in a search of … Continue reading

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Book 30% off this week

Book on sale at 30% off all week.

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AK: Search of tenant’s computer found during SW for landlord’s computer was unreasonable

Alaska State Troopers had a search warrant for a computer in a house. While there, they find a computer that belonged to another who was the target’s tenant, so they decided to seize that computer, too, and search it. The … Continue reading

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WA: State AG’s civil investigative demand to a company did not unreasonably intrude into “private affairs” or violate 4A

A company that consolidated student loans was required to comply with the Washington State Attorney General’s civil investigative demand (CID) under Wash. Rev. Code § 19.86.110. The company did not have a right against self-incrimination and the CID did not … Continue reading

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We’re back, catching up

Perhaps you’ve noticed that the postings have been a bit behind. That’s because I’ve spent the last two weeks reading 2600 pages of page proofs for Trial Handbook for Arkansas Lawyers 4th. Today I have to drive two hours to … Continue reading

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S.D.Fla.: A protective sweep doesn’t permit a look in a toilet tank

A protective sweep doesn’t permit a look in a toilet tank. United States v. Brown, 2018 U.S. Dist. LEXIS 185187 (S.D. Fla. Oct. 29, 2018). Plaintiffs’ 1983 search case fails. There was probable cause for issuance of the search warrant … Continue reading

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CA9: Using ruse to gain entry for civil investigation and surreptitious video recording was a “search,” but QI applies

The use of a ruse to get consent to enter plaintiff’s house to conduct a civil fraud investigation violated the Fourth Amendment. The surreptitious use of a video recorder was a “search.” However, it was not clearly established at the … Continue reading

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Fortune: Harvard Law Just Released 6.5 Million Court Decisions Online

Fortune: Harvard Law Just Released 6.5 Million Court Decisions Online by Jeff John Roberts: In a significant milestone for public access to the law, the Library Innovation Lab at Harvard Law School on Monday published more than 40 million pages … Continue reading

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