Category Archives: Uncategorized

Mother Jones: Pot Legalization Is Transforming California’s Criminal Justice Landscape. Here’s How.

Mother Jones: Pot Legalization Is Transforming California’s Criminal Justice Landscape. Here’s How. by Brandon E. Patterson: “Smoking pot while black” will probably still be a thing, though.

Posted in Uncategorized | Comments Off

DE: SW affidavit based entirely on hearsay is not unconstitutional for that reason alone

A search warrant affidavit based entirely on hearsay is not unconstitutional for that reason alone. The hearsay has to be credible and the collective knowledge doctrine is one way to do so. If probable cause is shown on the totality, … Continue reading

Posted in Uncategorized | Comments Off

RealClearPolitics: How to Balance Civil Liberties With Safety

RealClearPolitics: How to Balance Civil Liberties With Safety by Lisa Rosenberg & Jesse Blumenthal

Posted in Uncategorized | Comments Off

New York Magazine: Are Trump’s Transition Team Lawyers Attempting to Discredit Mueller?

New York Magazine: Are Trump’s Transition Team Lawyers Attempting to Discredit Mueller? by Chas Danner Well, duh! “To ask the question is to answer it.” Heald v. Rice, 104 U.S. 737, 755 (1892); In Re Debs, 158 U.S. 564, 581 … Continue reading

Posted in Uncategorized | Comments Off

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

Posted in Uncategorized | Comments Off

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

Posted in Uncategorized | Comments Off

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

Posted in Uncategorized | Comments Off

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:

Posted in Uncategorized | Comments Off

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

Posted in Uncategorized | Comments Off

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

Posted in Uncategorized | Comments Off

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:

Posted in Uncategorized | Comments Off

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

Posted in Uncategorized | Comments Off