Category Archives: Uncategorized

Texas Lawyer: Talk to the Hand: Defense Seeks to Dismiss Lawsuit Alleging Recording of Attorney-Client Jailhouse Phone Calls

Texas Lawyer: Talk to the Hand: Defense Seeks to Dismiss Lawsuit Alleging Recording of Attorney-Client Jailhouse Phone Calls by Angela Morris: “The plaintiffs who are lawyers claiming to represent inmates in the Travis County detention facilities lack standing to assert … Continue reading →

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NLJ: Shutting NSA ‘Backdoor’ Access to User Data

NLJ: Shutting NSA ‘Backdoor’ Access to User Data by Andrew Ramonas Backed by Google Inc. and other technology organizations, the House on Friday sent to the Senate legislation that would restrict National Security Agency ‘backdoor’ access to user data gathered … Continue reading →

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WaPo: Rand Paul’s drug war talk in Iowa was important, but not for the reason you think

WaPo: Rand Paul’s drug war talk in Iowa was important, but not for the reason you think by Radley Balko: Iowa leads the country in racially disproportionate pot arrests.

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The Atlantic: How Neuroscience Reinforces Racist Drug Policy

The Atlantic: How Neuroscience Reinforces Racist Drug Policy by Nathan Greenslit: A recent neuroscience study from Harvard Medical School claims to have discovered brain differences between people who smoke marijuana and people who do not. Such well-intentioned and seemingly objective … Continue reading →

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New law review article: Katz Has Only One Step: The Irrelevance of Subjective Expectations

Katz Has Only One Step: The Irrelevance of Subjective Expectations, Orin S. Kerr, University of Chicago Law Review, Forthcoming. Abstract: This Article argues that the “subjective expectation of privacy” test is a phantom doctrine. The test exists on paper but … Continue reading →

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In Waco, asking for a public defender could bring a sheriff’s investigator to your house

Waco Tribune: Investigator making dent in county’s indigent defense costs by Stephanie Butts: The presence of a new McLennan County indigent defense investigator has substantially reduced the number of requests for court-appointed, county-funded attorneys. McLennan County Indigent Defense Coordinator Cathy … Continue reading →

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NYT: Microsoft Protests Order to Disclose Email Stored Abroad

NYT: Microsoft Protests Order to Disclose Email Stored Abroad by Steven Lohr: Microsoft is challenging the authority of federal prosecutors to force the giant technology company to hand over a customer’s email stored in a data center in Ireland.

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NYT: War Gear Flows to Police Departments

NYT: War Gear Flows to Police Departments by Matt Apuzzo: NEENAH, Wis. — Inside the municipal garage of this small lakefront city, parked next to the hefty orange snowplow, sits an even larger truck, this one painted in desert khaki. … Continue reading →

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WaPo: Radley Balko’s ‘The Watch’ Blog: Morning Links: NYPD conducts mass sweep of public housing

WaPo: Radley Balko’s ‘The Watch’ Blog: Morning Links: NYPD conducts mass sweep of public housing: ● In what seems to be a brazen, shameless action to avoid transparency, U.S. marshals have apparently seized the records kept by Florida police agencies … Continue reading →

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Legal Intelligencer: Dougherty Wants Federal Judge to Order Affidavit Resealed

Legal Intelligencer: Dougherty Wants Federal Judge to Order Affidavit Resealed: Labor union leader John Dougherty has asked a federal judge to order a state court to reseal an FBI affidavit of probable cause related to a search of Dougherty’s home … Continue reading →

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WaPo: Anatomy of a pot bust

WaPo: Anatomy of a pot bust by Radley Balko I’m not even going to summarize it. Just read it: our “War on Drugs” because of overtime pay.

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Treatise 15% off at Lexis Bookstore through 6/8

Search and Seizure (5th ed.) is 15% off at the Lexis Bookstore through 6/8.

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Trial starts today

I’m in a drug conspiracy case with FIPF and use of a firearm in a drug trafficking crime starting today and ending Friday(?), Monday(?). Snitch heavy case: Government can’t prove much of anything without jury believing all three (who all … Continue reading →

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New Law Review Article: The Evolution of the Right to Exclude — More than a Property Right, a Privacy Right

The Evolution of the Right to Exclude — More than a Property Right, a Privacy Right, Jace C. Gatewood, 32 Miss. C. L. Rev. 447 (2014). Abstract: More than two hundred years ago, William Blackstone defined the right of property … Continue reading →

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NYT: Final Word on U.S. Law Isn’t: Supreme Court Keeps Editing

NYT: Final Word on U.S. Law Isn’t: Supreme Court Keeps Editing by Adam Liptak: WASHINGTON — The Supreme Court has been quietly revising its decisions years after they were issued, altering the law of the land without public notice. The … Continue reading →

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In trial

You’ve likely noticed posts are behind. I’ve been in trial prep and have a week and a half drug, gun, and shooting conspiracy trial starting Tuesday. Today, we had to exchange and turn in exhibits and witness lists, and we … Continue reading →

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NACDL’s Domestic Drone Information Center

NACDL’s Domestic Drone Information Center: NACDL’s Domestic Drone Information Center aims to be a one-stop source of cutting-edge information on the proliferation of drones inside the United States. It collects news from leading publications across the nation; features a comprehensive … Continue reading →

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ChicagoTribune: NSA data-gathering may run into California roadblock

ChicagoTribune: NSA data-gathering may run into California roadblock by Sharon Bernstein, Reuters: SACRAMENTO, California (Reuters) – The federal government would need a warrant from a judge if it wants the cooperation of California officials in searching residents’ cellphone and computer … Continue reading →

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Boston Globel: How privacy became an American value

Boston Globe: How privacy became an American value by Ted Widmer: The Fourth Amendment grew from a showdown in Boston’s North End

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The Atlantic: What If U.S. Cities Just Stopped Participating in the War on Drugs?

The Atlantic: What If U.S. Cities Just Stopped Participating in the War on Drugs? by Jake Cole: As gridlock has become the norm in Washington, U.S. cities are increasingly going it alone in the search for solutions to the country’s … Continue reading →

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