Category Archives: Uncategorized

Above the Law: The Vanilla Ice Rule: “Anything less than the best is a felony.”

Above the Law: The Vanilla Ice Rule by Matthew W. Schmidt: Litigators must remember that “anything less than the best is a felony.”

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First rate appellate CLE in Arkansas 3/28-29, not just 8th Cir. focused

2018 Justice Donald L. Corbin Appellate Symposium, March 28-29th in Little Rock at Bowen School of Law. Lawyers in surrounding states, please take notice. Three judges from the 8th, one from the 6th, 9th, and 11th and a state or … Continue reading

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NJ: Affidavit for SW doesn’t need to be turned over at bail hearing where arrest doesn’t rely on SW under NJ law

When the state is not relying on the product of a search warrant for its arrest warrant, it does not have to disclose the search warrant affidavit under state law at the detention hearing – it can wait until later … Continue reading

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WaPo: How to fight mass surveillance even though Congress just reauthorized it

WaPo: How to fight mass surveillance even though Congress just reauthorized it by Bruce Schneier What the battle looks like after Section 702′s reauthorization.

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In jury trial this week, so posts will be late

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techdirt: Report Shows US Law Enforcement Routinely Engages In Parallel Construction

techdirt: Report Shows US Law Enforcement Routinely Engages In Parallel Construction by Tim Cushing:

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Volokh Conspiracy: The Challenge of Fourth Amendment Originalism and the Positive Law Test

Volokh Conspiracy: The Challenge of Fourth Amendment Originalism and the Positive Law Test by Orin Kerr: If the Positive Law test is originalist, then what isn’t? A close look at Fourth Amendment history and some recent scholarship.

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OH12: When state SCt denies review of 4A claim, it’s law of the case on remand

After the state supreme court denied discretionary review of the search issue, the lower court ruling became law of the case, and the suppression hearing couldn’t be reopened. State v. Raphael, 2018-Ohio-140, 2018 Ohio App. LEXIS 140 (12th Dist. Jan. … Continue reading

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WaPo: Meet the 24-year-old Trump campaign worker appointed to help lead the government’s drug policy office

WaPo: Meet the 24-year-old Trump campaign worker appointed to help lead the government’s drug policy office by Robert O’Harrow Jr.:

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Volokh Conspiracy: Yes, the Positive Law Model of the Fourth Amendment is Originalist

Volokh Conspiracy: Yes, the Positive Law Model of the Fourth Amendment is Originalist by Will Baude Orin asked me to correct the record; I’m correcting it.

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CA5: LEO’s lie to FBI about leaked SW was a crime even though FBI knew he was lying

A police officer leaked the existence of an FBI investigation that enabled the target of a search warrant to move his stash. “His statement [to the FBI] denying that he had disclosed the investigation was capable of influencing the FBI’s … Continue reading

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S.D.Cal.: Def’s substantial search claim was determinative of his conviction and bail would be granted pending sentencing

Defendant’s search issue is arguable and substantial and a question of first impression in this circuit, and the search claim is determinative of the conviction. This counsel’s in favor of granting release pending sentencing. United States v. Wilson, 2018 U.S. … Continue reading

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