Category Archives: Uncategorized

NYTimes: Mark Zuckerberg Covers His Laptop Camera. You Should Consider It, Too.

NYTimes: Mark Zuckerberg Covers His Laptop Camera. You Should Consider It, Too. by Katie Rogers:

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Boston Globe: The FDA is stockpiling military weapons — and it’s not alone

Boston Globe: The FDA is stockpiling military weapons — and it’s not alone by Jeff Jacoby:

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D.P.R.: Criminal 4A violation proved by LEO being lookout on duty for robbery of recent ATF arrestee’s home

Defendant was a Puerto Rico police officer on a task force with the ATF. He worked the 4 pm to midnight shift, and he was involved as a police lookout to enable a condominium robbery to occur. He was convicted … Continue reading →

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Treatise 25% off through midnight

Go here. For what it’s worth, my local USAO bought three copies when they were allowed to buy books again.

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WaPo: ‘The Volokh Conspiracy’ Blog: Short Circuit: A roundup of recent federal court decisions

WaPo: ‘The Volokh Conspiracy’ Blog: Short Circuit: A roundup of recent federal court decisions by Eugene Volokh: Is ‘the rule of law’ just an empty phrase trotted out when convenient? Hardly, argues Evan Bernick of the Center for Judicial Engagement, … Continue reading →

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NACDL: Symposium Report: The Fourth Amendment in the Digital Age

NACDL: Symposium Report: The Fourth Amendment in the Digital Age: Washington, DC (June 8, 2016) — The Fourth Amendment has entered the digital age. New surveillance technologies and programs — from GPS tracking devices to automated license plate readers to … Continue reading →

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NYTimes: Trump Could Threaten U.S. Rule of Law, Scholars Say

NYTimes: Trump Could Threaten U.S. Rule of Law, Scholars Say by Adam Liptak: WASHINGTON — Donald J. Trump’s blustery attacks on the press, complaints about the judicial system and bold claims of presidential power collectively sketch out a constitutional worldview … Continue reading →

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TN: Fact dashcam didn’t catch all of def’s bad driving didn’t help case

Defendant’s wandering all over the road and even off the pavement was reasonable suspicion for a stop. The fact the dashcam only caught the second occurrence was of no avail to the defendant. State v. Moore, 2016 Tenn. Crim. App. … Continue reading →

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Book 25% off and free shipping next 56 hours

Until Midnight Eastern, May 26th. Call 937.247.8271 or email niki.lee@lexisnexis.com to receive 25% off + FREE shipping on orders over $350.

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D.S.D.: A pre-Rodriguez delay didn’t warrant suppression despite the lack of reasonable suspicion

Defendant was stopped in an Eighth Circuit state governed by the former de minimus rule three months prior to Rodriguez, and it’s already been held that the old rule applies until that date. The district court finds the officer’s assertions … Continue reading →

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TX2: Reasonable mistake of fact, corroborated by trial court, doesn’t warrant suppression

The officer’s mistake of fact here was that one of defendant’s headlights was not working properly, and the trial court looked at the video of the stop several times. It may have been that it was working partially, but the … Continue reading →

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I’m behind because of a jury trial this week

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Rolling Stone: Why America Can’t Quit the Drug War

Rolling Stone: Why America Can’t Quit the Drug War by Tim Dickinson: After 45 years, more than $1 trillion wasted, and the creation of the world’s largest prison system, America still lacks the political will to change its failed drug … Continue reading →

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SC: There was PC on the totality of the affidavit despite some information being incorrect; affidavit could be supplemented by testimony

There was probable cause on the totality of the information in the affidavit. Some was incorrect, but there was no showing that it was knowingly or recklessly included or material. The affidavit may be supplemented by testimony before the search … Continue reading →

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WaPo: Re: Above the Law: Comments are making the internet worse. So we got rid of them.

WaPo: Re: Above the Law: Comments are making the internet worse. So we got rid of them by David Lat: So we decided to get rid of the comments section. * * * In part, our decision was based on … Continue reading →

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CO: A third party’s home can’t be invaded by the defense for discovery purposes under 4A and discovery rules

The trial court had no authority to order access to a third party’s home as a part of a discovery order. It was a sex case, and defendant wanted access to the scene of the alleged crime. It was beyond … Continue reading →

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HuffPo: Cops Are Still Killing People, But The Nation Has Stopped Paying Attention

HuffPo: Cops Are Still Killing People, But The Nation Has Stopped Paying Attention by Nick Wing & Julia Craven: Politics Reporter(“Police have fatally shot at least 20 unarmed civilians this year, and cable news hasn’t covered a single case.”)

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D.Conn.: Def’s failure to testify at the suppression hearing doesn’t make process inadequate

“There is no evidence to suggest that the State of Connecticut did not afford the petitioner a full and fair opportunity to litigate his Fourth Amendment claims. The fact that the petitioner chose not to testify at the hearings before … Continue reading →

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CNN breaking news: DOJ drops case against Apple over breaking into iPhone

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New law review article: “An Economic Understanding of Search and Seizure Law”

Orin Kerr, An Economic Understanding of Search and Seizure Law, 164 U.Penn. L.Rev. 591 (2016). Abstract: This Article uses economic concepts to understand search and seizure law, the law governing government investigations that is most often associated with the Fourth … Continue reading →

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