Daily Archives: December 3, 2018

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

Posted in SCOTUS | Comments Off on ABAJ: How retaliatory-arrest claims relate to the First and Fourth Amendments

Orin Kerr: “At what point is a driver asleep in an electric car that is on autopilot ‘seized’ by the police slowing down and stopping the car by getting in front of it?”

Posted in Seizure | Comments Off on Orin Kerr: “At what point is a driver asleep in an electric car that is on autopilot ‘seized’ by the police slowing down and stopping the car by getting in front of it?”

CA4: Unlawfully placing GPS on def’s car was flagrant 4A violation; no attenuation found

The government unlawfully placed a GPS device on defendant’s car and two days later stopped him. It argued in the district court a lack of standing, which prevailed there, and then conceded they were wrong on appeal. The constitutional violation … Continue reading

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ID: Seizure of A-C materials from def’s jail cell violated privilege; remanded for remedy and possible recusal of DA

The state searched defendant’s jail cell while he was in pretrial detention and seized attorney-client privileged information. The state has the burden of proving that it did not affect the case against him, and the case is remanded for further … Continue reading

Posted in Prison and jail searches, Privileges | Comments Off on ID: Seizure of A-C materials from def’s jail cell violated privilege; remanded for remedy and possible recusal of DA