Daily Archives: January 16, 2019

New Law Review Article: Fourth Amendment Textualism

New Law Review Article: Fourth Amendment Textualism by Jeffrey Bellin, posted on SSRN. Abstract:

Posted in Reasonable expectation of privacy | Comments Off on New Law Review Article: Fourth Amendment Textualism

Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone

Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone by Walter Olson:

Posted in Drones, Open fields | Comments Off on Cato blog: What’s That Buzzing Overhead? It’s An OSHA Drone

IN: Advice of Pirtle rights before search of safe under SW not required

Because officers did not ask defendant for the combination to his safe to search it under a warrant, he was not required to have the Indiana Pirtle advisement before they searched it. Brown v. State, 2019 Ind. App. LEXIS 14 … Continue reading

Posted in Probable cause, Warrant execution | Comments Off on IN: Advice of Pirtle rights before search of safe under SW not required

CA7: Franks is settled law, and false statements to procure arrest warrant denied qualified immunity

Plaintiff stated a Franks claim that his arrest warrant was based on false evidence and omitted exculpatory evidence. The officer is denied qualified immunity. Rainsberger v. Benner, 17 2521 (7th Cir. Jan. 15, 2019):

Posted in § 1983 / Bivens, Franks doctrine, Qualified immunity | Comments Off on CA7: Franks is settled law, and false statements to procure arrest warrant denied qualified immunity

Volokh Conspiracy: Search Warrants and Compelled Biometric Access to Phones

Volokh Conspiracy: Search Warrants and Compelled Biometric Access to Phones by Orin Kerr: A new ruling, and some (mostly critical) thoughts.

Posted in Cell phones | Comments Off on Volokh Conspiracy: Search Warrants and Compelled Biometric Access to Phones