Category Archives: SCOTUS

SCOTUS cert grant: Torres v. Madrid: Is a person shot driving away from the police “seized”?

Torres v. Madrid, 19-292 (granted Dec. 18, 2019): Issue: Whether an unsuccessful attempt to detain a suspect by use of physical force is a “seizure” within the meaning of the Fourth Amendment, as the U.S. Courts of Appeals for the … Continue reading

Posted in SCOTUS, Seizure | Comments Off on SCOTUS cert grant: Torres v. Madrid: Is a person shot driving away from the police “seized”?

SCOTUSBlog: Justices to take up battle over Trump financial documents [or, what does this mean to the third-party doctrine?]

SCOTUSBlog: Justices to take up battle over Trump financial documents by Amy Howe:

Posted in SCOTUS, Third Party Doctrine | Comments Off on SCOTUSBlog: Justices to take up battle over Trump financial documents [or, what does this mean to the third-party doctrine?]

Reason: Volokh Conspiracy: What is “individualized” suspicion?

Reason: Volokh Conspiracy: What is “individualized” suspicion? by Orin S. Kerr:

Posted in Reasonable suspicion, SCOTUS | Comments Off on Reason: Volokh Conspiracy: What is “individualized” suspicion?

Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover

Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover by Orin S. Kerr Some interesting issues raised by the only Fourth Amendment case currently on the Supreme Court’s docket.

Posted in Reasonable suspicion, SCOTUS | Comments Off on Reason: Reasonable Suspicion From Driver to Car: A Few Thoughts on Kansas v. Glover

SCOTUSblog: Argument preview: Can the police stop a vehicle because its registered owner’s license has been suspended or revoked?

SCOTUSblog: Argument preview: Can the police stop a vehicle because its registered owner’s license has been suspended or revoked? by Evan Lee (“Next Monday, November 4, the Supreme Court will hear argument in a case that asks whether it is … Continue reading

Posted in SCOTUS | Comments Off on SCOTUSblog: Argument preview: Can the police stop a vehicle because its registered owner’s license has been suspended or revoked?

Reason: The Supreme Court’s Next Big Fourth Amendment Case

Reason: The Supreme Court’s Next Big Fourth Amendment Case by Damon Root (“What’s at stake in Kansas v. Glover.”).

Posted in SCOTUS | Comments Off on Reason: The Supreme Court’s Next Big Fourth Amendment Case

Time: Justice Neil Gorsuch: Why Originalism Is the Best Approach to the Constitution

Time: Justice Neil Gorsuch: Why Originalism Is the Best Approach to the Constitution

Posted in SCOTUS | Comments Off on Time: Justice Neil Gorsuch: Why Originalism Is the Best Approach to the Constitution

The Atlantic: The Supreme Court Is Not Well. And the People Know It.

The Atlantic: The Supreme Court Is Not Well. And the People Know It. by Garrett Epps (“A new guns case reveals that the once-noble institution has died, and we’re left working with its corpse.”)

Posted in SCOTUS | Comments Off on The Atlantic: The Supreme Court Is Not Well. And the People Know It.

SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects

SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects by Amy Howe: Yesterday a divided Supreme Court ruled that the Fourth Amendment generally does not bar states from taking a blood sample from an unconscious drunk-driving suspect … Continue reading

Posted in Drug or alcohol testing, SCOTUS | Comments Off on SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects

SCOTUS: Warrantless blood draw from unconscious driver not unreasonable

A warrantless blood draw from an unconscious driver who became unconscious by the time he arrived at the hospital was reasonable under a state law that permits warrantless BAC testing of those incapable of consent by implied consent. Remanded, however, … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency, SCOTUS | Comments Off on SCOTUS: Warrantless blood draw from unconscious driver not unreasonable

Bloomberg Law: Criminal Law Legend, Mueller Team Member Dreeben Leaving DOJ

Bloomberg Law: Criminal Law Legend, Mueller Team Member Dreeben Leaving DOJ by Jordan S. Rubin

Posted in SCOTUS | Comments Off on Bloomberg Law: Criminal Law Legend, Mueller Team Member Dreeben Leaving DOJ

CA6 applies GFE to Carpenter on remand, and he still loses

The SCA was the law prior to Carpenter, so the good faith exception applies. From the date of Carpenter, the Fourth Amendment applies: “Carpenter II confirmed that the SCA does not immunize a government officer’s collection of CSLI from the … Continue reading

Posted in Cell site location information, Good faith exception, SCOTUS | Comments Off on CA6 applies GFE to Carpenter on remand, and he still loses