Category Archives: SCOTUS

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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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:

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

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

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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.

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