Category Archives: Uncategorized

S.D.N.Y.: Losing CI’s cell phone after search was not gov’t bad faith

The defendant can’t show bad faith just because the government lost the cell phone of a CI. Defendant contended that there was exculpatory information or photographs on it but couldn’t define what it was. Negligence is not bad faith. United … Continue reading

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We were hacked (again). Nobody is safe

You probably noticed that the site didn’t work for a good part of yesterday. It’s been hacked before, and the server owner we contract it to took their sweet time undoing this one. The password has been changed twice, but … Continue reading

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Law review article: The Effects of Legislation on Fourth Amendment Protection

The Effects of Legislation on Fourth Amendment Protection by Orin S. Kerr:

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OH3: SW was clearly conclusory, but still saved by GFE

The affidavit to support the search warrant was clearly conclusory, but the court can’t say that the officers didn’t objectively rely on the search warrants for purposes of the good faith exception. It wasn’t in “bad faith,” so it must … Continue reading

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N.D.Fla.: No right in federal court to interlocutory appeal of denial of a suppression motion

“A defendant may not take an interlocutory appeal from an order denying a motion to suppress evidence. Di Bella v. United States, 369 U.S. 121, 123-24, 82 S. Ct. 654, 7 L. Ed. 2d 614 (1962).” So, defense counsel’s failure … Continue reading

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Nashville Scene: The Tennessee Supreme Court keeps reversing itself, and criminal defense attorneys are worried

Nashville Scene: The Tennessee Supreme Court keeps reversing itself, and criminal defense attorneys are worried by Stephen Elliot: The rapid makeover of the court has caused a noticeable and nearly instantaneous shift in its ideology – a shift that a … Continue reading

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Mother Jones: “I Gotta Go and Hunt Criminals.” On the Road With Ohio Highway Patrol.

Mother Jones: “I Gotta Go and Hunt Criminals.” On the Road With Ohio Highway Patrol. by Julia Lurie: I rode along with the officers who pull over suspicious cars and hunt for drugs.

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Treatise on sale through 4/14 at 11:59 pm PT

Treatise on sale through 4/14 at 11:59 pm PT here and enter LIB20 at checkout. Expires April 14, 2017 at 11:59 P.M. PT

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Twelve Angry Men first showed 60 years ago today

60 years ago today was the first screening of the classic Twelve Angry Men. Although only a little over a minute of the movie occurs while the judge instructs the jury, the rest occurs in the jury room, albeit about … Continue reading

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New law review article: A Tactical Fourth Amendment

A Tactical Fourth Amendment by Brandon L. Garrett & Seth W. Stoughton, Virginia Law Review, Vol. 103, 211, 2017 Abstract:

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