Category Archives: SCOTUS

Oregonian: Mohamed Mohamud’s lawyers petition U.S. Supreme Court to review conviction

Oregonian: Mohamed Mohamud’s lawyers petition U.S. Supreme Court to review conviction by Maxine Bernstein: In a 40-page petition filed this summer with the nation’s top court, Mohamud’s lawyers argue that the case raises issues of national importance: the government’s warrantless … Continue reading

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SCOTUS avoids deciding El Paso cross border shooting case and remands to CA5

The El Paso-Ciudad Juarez cross border shooting case remanded by SCOTUS to the Fifth Circuit for reconsideration in light of a decision from the Court on June 19th on whether Bivens applies. Hernández v. Mesa, 2017 U.S. LEXIS 4059 (June … Continue reading

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Mapp v. Ohio decided 56 years ago today

Mapp v. Ohio, 367 U.S. 643 (1961), on application of the exclusionary rule to the states decided 56 years ago today. Ironically, the exclusionary rule issue wasn’t even argued in the briefs, as noted by the dissent, id. at 676-77. … Continue reading

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More news on CSLI cert grant

MIT Technology Review: Warrantless Tracking of Cell Phone Location Data by the Police Could Get Harder EFF: Supreme Court Will Hear Significant Cell Phone Tracking Case techdirt: Supreme Court To Consider Fourth Amendment Implications Of Cell Site Location Info Digital … Continue reading

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SCOTUS: cert granted in CSLI case; third-party doctrine to be revisited, but how will it turn out?

Carpenter v. United States, 16-402 (granted June 5, 2017) Issue: Whether the warrantless seizure and search of historical cell-phone records revealing the location and movements of a cell-phone user over the course of 127 days is permitted by the Fourth … Continue reading

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Stop and frisk created by SCOTUS 49 years ago today

Terry v. Ohio, 392 U.S. 1 (1968), was decided 49 years ago today, June 2d. The stop and frisk occurred on October 31, 1963. The Ohio Court of Appeals Eighth District opinion is interesting for its historical value: State v. … Continue reading

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BNA: Can You Hear Them Now? Robbers Ask SCOTUS for Phone Privacy

BNA: Can You Hear Them Now? Robbers Ask SCOTUS for Phone Privacy by Jordan S. Rubin: From Criminal Law Reporter

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Essay: Judge Gorsuch and the Fourth Amendment, 69 Stan. L. Rev. Online 132

Sophie J. Hart & Dennis M. Martin, Essay: Judge Gorsuch and the Fourth Amendment, 69 Stan. L. Rev. Online 132 (March 2017):

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The automobile exception is 92 years old today

Carroll v. United States, 267 U.S. 132 (1925)

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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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