Category Archives: Uncategorized

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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Post and Courier: Thousands of arrest warrants for low-level offenders recalled under directive from South Carolina’s chief justice

Post and Courier: Thousands of arrest warrants for low-level offenders recalled under directive from South Carolina’s chief justice by Andrew Knapp:

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E.D.Pa.: Def’s car could have been searched under auto. exception but police got a SW and took 8 days to search; not unreasonable under the circumstances

Defendant’s car was seized with probable cause for involvement in a series of bank robberies, and it could have been searched without a warrant under the automobile exception. The police got a search warrant instead and took eight days to … Continue reading

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WA: Appeal should have been from dismissal after granted suppression order; appeal dismissed

State couldn’t appeal a suppression order after it moves to dismiss a case. It should have appealed the dismissal order or both. State v. Cruz, 2017 Wash. LEXIS 997 (Nov. 2, 2017). Dropping a coat with a gun in the … Continue reading

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Just Security: Opinion: Can Defense Counsel Ever Be Lawfully Surveilled by the Government?

Just Security: Opinion: Can Defense Counsel Ever Be Lawfully Surveilled by the Government? by Charles J. Dunlap, Jr.: Could there be any circumstance where the surveillance of defense counsel in a terrorism case might be ‘defensible’?

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U.S. Sentencing Guidelines 30 years old today

The U.S. Sentencing Guidelines went into effect November 1, 1987, though they were at least three years in production. The U.S. Sentencing Commission has numerous publications on dealing with Guideline issues. All changes go into effect November 1st each year. … Continue reading

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