Category Archives: Uncategorized

NYLJ: Race and the Fourth Amendment: Defendants Raise Issue in Suppression Motions

NYLJ: Race and the Fourth Amendment: Defendants Raise Issue in Suppression Motions (“This article will examine how courts are considering race as a factor in a Fourth Amendment analysis, and how defendants are beginning to raise this issue in suppression … Continue reading

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CNS: Prison warden faces suit for firing guard after ordering her strip search

CNS: Prison warden faces suit for firing guard after strip search (“An Arkansas federal court allowed a prison guard to bring her retaliatory seizure and unlawful seizure claims against the prison warden, who fired her a few days after she … Continue reading

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This blog is 20 years old today

First post: February 24, 2003, with 40,000 or so posts since then on three different platforms. More importantly, today is also the 262d anniversary of James Otis’ 1761 argument at the Boston Old State House against the writs of assistance … Continue reading

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NPR: Colorado looks at law allowing police to take guns from people deemed too dangerous

NPR: Colorado looks at law allowing police to take guns from people deemed too dangerous by Andrew Kenney (“A review of the more than 300 requests to invoke Colorado’s red flag law since it was enacted three years ago shows … Continue reading

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VT: Realtime CSLI (“pinging”) requires a SW under state constitution

Realtime CSLI (“pinging”) requires a search warrant under the state constitution, following some states. That information is not regularly kept by cell phone providers, and the state has an interest in protecting that privacy interest. State v. Murphy, 2023 VT … Continue reading

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Reason: The Feds Are Buying Their Way Around the 4th Amendment

We gave away our privacy, fair and square, and capitalism trumps the Fourth Amendment: Reason: The Feds Are Buying Their Way Around the 4th Amendment by David McGarry (“Government agencies have paid to access huge amounts of Americans’ data.”)

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Bing’s ChatBot: NYT: Help, Bing Won’t Stop Declaring Its Love for Me

NYT: Help, Bing Won’t Stop Declaring Its Love for Me by Kevin Roose (“A very strange conversation with the chatbot built into Microsoft’s search engine left me deeply unsettled. Even frightened.”):

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Reason: WV Family Court Judge with History of Arranging Warrantless Searches Resigns

Reason: West Virginia Family Court Judge with History of Arranging Warrantless Searches Resigns by J.D. Tuccille (“We may have finally discovered a limit to judicial immunity.”)

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Miami Herald: Florida athletes may have to submit menstrual history to school

Miami Herald: Florida athletes may have to submit menstrual history to school. Anybody see a Fourth Amendment issue here, or is it just me?

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Professional Responsibility in Criminal Defense Practice (4th ed. 2023) now on Westlaw

The author’s Professional Responsibility in Criminal Defense Practice (4th ed. 2023) uploaded to Westlaw this morning. The book and ebook will be on the Thomson Reuters bookstore shortly. The table of contents is here. The first edition was published in … Continue reading

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Orin S. Kerr, Terms of Service and Fourth Amendment Rights on SSRN

Orin S. Kerr, Terms of Service and Fourth Amendment Rights on SSRN:

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S.D.Cal.: Databases checked by probation officers showed def was still on probation before probation search; GFE applies

Defendant claimed his probation search was unreasonable because he was off probation when the search occurred. All the evidence, however, shows that the officers acted in good faith because they checked databases, and it all showed he was still on … Continue reading

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Did a Tesla rat out its owner?

LATimes: Driver of Tesla that plunged off Northern California cliff arrested; CHP calls crash intentional After examining evidence, investigators “developed probable cause to believe this incident was an intentional act,” and placed Patel under arrest, according to the CHP. Authorities … Continue reading

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NYT: Their Flights Canceled, Southwest Travelers Were Threatened With Arrest by

NYT: Their Flights Canceled, Southwest Travelers Were Threatened With Arrest by Michael Levinson (“A police officer at Nashville International Airport told travelers whose Southwest flights had been canceled that they would be arrested for trespassing if they did not leave … Continue reading

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Lawfare Podcast: Chris Slobogin on Virtual Searches

Lawfare Podcast: Chris Slobogin on Virtual Searches by Jen Patja Howell:

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N.D.Fla.: SW used to get caller information on Google Voice call

Here, the government got a search warrant for information from Google over who placed a Google voice call. United States v. Alford, 2022 U.S. Dist. LEXIS 219552 (N.D. Fla. Nov. 8, 2022),* adopted, CoA denied, 2022 U.S. Dist. LEXIS 218090 … Continue reading

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WaPo: All the ways Amazon’s home gadgets are spying on you

WaPo: All the ways Amazon’s home gadgets are spying on you by Geoffrey A. Fowler (“You may not realize all the ways Amazon is watching your home, your family and you.”). The title inside: Tour Amazon’s dream home, where every … Continue reading

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D.Minn.: Request for TRO against cell phone search denied; aside from the fact criminal investigations are almost never enjoined, nothing is shown here to justify even hearing it yet

Plaintiff’s claim that the government’s seizure of his cell phone should be enjoined and it should be returned is denied. There is no proof of service on anybody for the government. (1) There is no effort to comply with F.R.C.P. … Continue reading

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techdirt: Yet Another Data Broker Found To Give Massive Amounts Of Location Info To Law Enforcement

techdirt: Yet Another Data Broker Found To Give Massive Amounts Of Location Info To Law Enforcement by Tim Cushing:

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Working on a book manuscript

Will catch up soon

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