Category Archives: SCOTUS

WaPo: The Fourth Amendment at the border and beyond: A few thoughts on Hernandez v. Mesa

WaPo: The Fourth Amendment at the border and beyond: A few thoughts on Hernandez v. Mesa by Orin Kerr:

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Criminal Law: White House, Gorsuch Could Clash on Search and Seizure

Criminal Law: White House, Gorsuch Could Clash on Search and Seizure by Jessica DaSilva: Protections for non-citizens against unreasonable government searches and seizures could be an area of disagreement between President Donald J. Trump and his nominee to the U.S. … Continue reading

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NYT: Was That Search Illegal? Sometimes, Neil Gorsuch Ruled It Was

NYT: Was That Search Illegal? Sometimes, Neil Gorsuch Ruled It Was by Charles Savage:

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Reason: Trump Nominates Neil Gorsuch to the Supreme Court; Fourth Amendment?

Reason: Trump Nominates Neil Gorsuch to the Supreme Court by Damon Root: Gorsuch has also rejected pro-government deference in the Fourth Amendment context. For instance, in his 2016 dissent in United States v. Carloss, Gorsuch strongly objected to the majority’s … Continue reading

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CDT: President Trump Should Continue Justice Scalia’s First & Fourth Amendment Legacy

CDT: President Trump Should Continue Justice Scalia’s First & Fourth Amendment Legacy by Lisa Hayes. But he won’t. He has no knowledge of Scalia’s legacy other than what he’s told. There’s a different agenda at play (Roe v. Wade). Maybe … Continue reading

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Cert.granted: District of Columbia v. Wesby on qualified immunity

Cert.granted: District of Columbia v. Wesby, 15-1485 (Jan. 19, 2017). Issues: (1) Whether police officers who found late-night partiers inside a vacant home belonging to someone else had probable cause to arrest the partiers for trespassing under the Fourth Amendment, … Continue reading

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WaPo: Justice Frankfurter speaks

WaPo: Justice Frankfurter speaks by Orin Kerr: The Harvard Law Library recently posted a neat 46-minute interview of Justice Felix Frankfurter from the early 1960s. Frankfurter, who is interviewed by Professor Paul Freund, speaks about legal education, the role of … Continue reading

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SCOTUS: Warning before use of deadly force not “clearly established” [or established at all]

It does not violate clearly established law under the Fourth Amendment to shoot without warning when the shooting is otherwise justified. White v. Pauly, 2017 U.S. LEXIS 5 (Jan. 9, 2017) (per curiam):

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SCOTUS cert grant: County of Los Angeles v. Mendez: excessive force

SCOTUS grants cert in County of Los Angeles v. Mendez, 16-639, cert. pet. here, granting on questions 1 and 3. Questions presented: In a 42 U.S.C. § 1983 action, the district court concluded Los Angeles County Sheriffs Department (“LASD”) deputies … Continue reading

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IP Watchdog: Review the Rule Act would delay SCOTUS proposed changes to Rule 41 on warrants for electronic searches [except it goes into effect at midnight]

IP Watchdog: Review the Rule Act would delay SCOTUS proposed changes to Rule 41 on warrants for electronic searches by Steve Brachmann Query: Can Congress block a rule after sitting on their hands from SCOTUS notice to them in April … Continue reading

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