Category Archives: SCOTUS

ABAJ: Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism

ABAJ: Chemerinsky: The Supreme Court has done a poor job protecting against police abuse of power and racism by Erwin Chemerinsky:

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Katz as Originalism

Orin Kerr, Katz as Originalism, Duke L.J. forthcoming (2021). Abstract:

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Slate: The One Area Where Supreme Court Jurisprudence Is Actually Improving Thanks to Originalism

Slate: The One Area Where Supreme Court Jurisprudence Is Actually Improving Thanks to Originalism by David Gans (“For decades, the Supreme Court has repeatedly deferred to the police when judging the validity of searches and seizures by the government. For that … Continue reading

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ABAJ: Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases

ABAJ: Chemerinsky: Supreme Court looks to common law for guidance in Fourth Amendment cases (“The Supreme Court decided three cases concerning the Fourth Amendment during the October 2020 term. They shared several characteristics.”)

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SCOTUS: Lange v. California: “Under the Fourth Amendment, pursuit of a fleeing misdemeanor suspect does not always—that is, categorically—justify a warrantless entry into a home.”

Lange v. California, 141 S.Ct. 2011 (June 23, 2021). Syllabus:

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Mapp v. Ohio decided 60 years ago today

Mapp v. Ohio was decided 60 years ago today. See these prior posts; 2017 and 2014

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ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home

ScotusBlog: “Possible cause”: Court seems poised to allow warrantless community caretaking entries into the home by Lenese Herbert:

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Reason: ‘Everything Has Been Criminalized,’ Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections

Reason: ‘Everything Has Been Criminalized,’ Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections by Damon Root (“The justice weighs in during oral arguments in Lange v. California.”)

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Reason: A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed.

Reason: A Prison Guard Who Pepper-Sprayed an Inmate Without Provocation Got Qualified Immunity. SCOTUS Disagreed. By Billy Binion (“An encouraging sign from the Supreme Court.”)

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SCOTUSBlog: Justices to consider whether “hot pursuit” justifies entering a home without a warrant

ScotusBlog: Justices to consider whether “hot pursuit” justifies entering the home without a warrant (“At issue in Lange v. California is whether, when police are pursuing someone for a misdemeanor, that is always an ‘exigent circumstance’ that will allow the … Continue reading

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SCOTUS: three dissent from denial of cert.: Jardines requires reversal

Bovat v. Vermont, 2020 U.S. LEXIS 5057 (Oct. 19, 2020) (Gorsuch dissenting from denial of certiorari with Sotomayor and Kagan):

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SCOTUS: Torres v. Madrid argued today

Torres v. Madrid, 19-292: 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 8th, 9th and 11th … Continue reading

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CA3: Byrd who won in SCOTUS on standing loses on remand because there was PC for the search

On remand from Byrd v. United States, 138 S.Ct. 1518 (2018), holding that defendant had standing in his rental car, defendant loses on the merits because there was probable cause for the search of his car because of the admission … Continue reading

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N.D.Ga.: Def doesn’t show that his guilty plea was unknowing as a result of IAC on a 4A claim

“The movant’s unsubstantiated claim that counsel’s mistakes on a Fourth Amendment issue somehow rendered his guilty plea unknowing are insufficient to overcome a record that reflects that the plea was knowing and voluntary.” Hernandez-Rodriguez v. United States, 2020 U.S. Dist. … Continue reading

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SCOTUS: LPN check that comes back showing owner’s DL was revoked justifies a stop unless the officer has reason to believe the driver is not the owner

An LPN check that comes back showing owner’s DL was revoked justifies a stop unless the officer has reason to believe the driver is not the owner. Kansas v. Glover, 2020 U.S. LEXIS 2178 (Apr. 6, 2020):

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SCOTUSBlog: Petitions of the week

SCOTUSBlog: Petitions of the week includes: Hamm v. Tennessee19-1059Issue: Whether police violate the Fourth Amendment when they conduct a suspicionless search of a probationer’s home.

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SCOTUS: The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent has no 4A or 5A Bivens claim.

The estate of a young man shot and killed across the U.S.-Mexico border by a U.S. Border Patrol agent for no reason has no Bivens claim for a Fourth or Fifth Amendment claim. Hernández v. Mesa, 2020 U.S. LEXIS 1361 … Continue reading

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Reason.com: The Supreme Court Tackles Police Shootings, Excessive Force, and the Fourth Amendment

Reason.com: The Supreme Court Tackles Police Shootings, Excessive Force, and the Fourth Amendment by Damon Root (“What’s at stake in Torres v. Madrid.”)

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Reason: The Volokh Conspiracy: The Role of Originalism in Torres v. Madrid

Reason: The Volokh Conspiracy: The Role of Originalism in Torres v. Madrid by Orin S. Kerr (“Some preliminary thoughts on a fascinating case.”)

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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

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