Category Archives: SCOTUS

WaPo: The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs

WaPo: The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs by Radley Balko:

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Cert. granted: Mitchell v. Wisconsin: Warrantless blood draws from the unconscious

ScotusBlog: Mitchell v. Wisconsin, 18-6210 (granted Jan. 11, 2019). Issue: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. Posted here: WI: Drinking and driving until unconsciousness obviates def’s … Continue reading

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ABAJ: How retaliatory-arrest claims relate to the First and Fourth Amendments

ABAJ: How retaliatory-arrest claims relate to the First and Fourth Amendments by Erwin Chemerinsky: Maybe the third time will be the charm, and the Supreme Court will finally decide an important issue in civil rights litigation: Does the existence of … Continue reading

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SCOTUSBlog: Argument analysis: “Contempt of cop” — Justices search for compromise standard for First Amendment retaliatory arrests

SCOTUSBlog: Argument analysis: “Contempt of cop” — Justices search for compromise standard for First Amendment retaliatory arrests by Howard M. Wasserman:

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CA6 on remand of Byrd remands to trial court for more factfinding on three issues

On remand from Byrd v. United States, 138 S.Ct. 1518 (2018), CA6 sends the case back to the district court to resolve the three issues that still need factual development. Was there probable cause, does the strawman rental actually deprive … Continue reading

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The Hill: Brett Kavanaugh’s views on privacy and the Fourth Amendment should make Republicans think twice

The Hill: Brett Kavanaugh’s views on privacy and the Fourth Amendment should make Republicans think twice by Michael MacLeod Ball:

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NYLJ: Privacy and the Fourth Amendment: ‘Carpenter’ Nails It

NYLJ: Privacy and the Fourth Amendment: ‘Carpenter’ Nails It: “In his column on Criminal Law and Procedure, Barry Kamins analyzes ‘Carpernter v. U.S.,’ a landmark decision significantly affecting digital privacy.”

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Forward: Justice Brandeis Was Right About Technology — 90 Years Before The Courts

Forward: Justice Brandeis Was Right About Technology — 90 Years Before The Courts by Joshua Z. Rokach:

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SCOTUSblog: Judge Kavanaugh on the Fourth Amendment

SCOTUSblog: Judge Kavanaugh on the Fourth Amendment by Orin S. Kerr: Judge Brett Kavanaugh’s views of the Fourth Amendment have drawn significant interest following his recent nomination to the Supreme Court. This post takes a close look at Kavanaugh’s key … Continue reading

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Bloomberg Law: INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed … or Wanted

Bloomberg Law: INSIGHT: Cracking Open a Can of Worms: Why Carpenter v. United States May Not Be the Privacy Decision That Was Needed … or Wanted by Chris Ott

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Lawfare: When Does a Carpenter Search Start—and When Does It Stop?

Important, thoughtful piece: Lawfare: When Does a Carpenter Search Start—and When Does It Stop? by Orin Kerr:

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SCOTUS: Too many facts in dispute to grant QI dismissal on a claim of interference with right to pray after entry into the house; 4A claim revived after being waived

This pro se plaintiff alleged police came into her house for a complaint of her radio being too loud, and she was told to stop praying. The district court dismissed her First and Fourth Amendment claims for failure to state … Continue reading

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