{"id":16916,"date":"2015-04-22T14:56:49","date_gmt":"2015-04-22T19:56:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=16916"},"modified":"2015-04-22T14:56:49","modified_gmt":"2015-04-22T19:56:49","slug":"wapo-explaining-heien-and-rodriguez","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=16916","title":{"rendered":"WaPo: Explaining Heien and Rodriguez"},"content":{"rendered":"<p>WaPo: <a href=\"http:\/\/www.washingtonpost.com\/news\/volokh-conspiracy\/wp\/2015\/04\/22\/explaining-heien-and-rodriguez\/\">Explaining Heien and Rodriguez<\/a> by Orin Kerr: <\/p>\n<blockquote><p>Over at Slate, Mark Joseph Stern has an article trying to explain the Justices\u2019 votes in Rodriguez v. United States, yesterday\u2019s Fourth Amendment case on the length of traffic stops. Stern focuses his attention on Chief Justice Roberts, who ruled for the defense in Rodriguez but for the government in December\u2019s Heien v. North Carolina on reasonable mistakes of law. Stern has a theory for why the Chief Justice could have voted for the defense in one case and the government in the other.<\/p>\n<p>In a single sentence, Stern notes that it\u2019s possible that the Chief Justice simply thought the two cases presented different legal issues. But then Stern settles into his real theory: Something happened to Chief Justice Roberts between Heien in December and Rodriguez in April that fundamentally changed his view of the police. Roberts must have had an \u201cepiphany.\u201d And we need to figure out what caused the epiphany. Here\u2019s Stern:<\/p>\n<blockquote><p>It could be that in the last few months, Roberts got pulled over\u2014apparently for the first time in his life\u2014and finally grasps how fraught such encounters often are.<\/p><\/blockquote>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>WaPo: Explaining Heien and Rodriguez by Orin Kerr: Over at Slate, Mark Joseph Stern has an article trying to explain the Justices\u2019 votes in Rodriguez v. United States, yesterday\u2019s Fourth Amendment case on the length of traffic stops. Stern focuses &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=16916\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[83],"tags":[],"class_list":["post-16916","post","type-post","status-publish","format-standard","hentry","category-scotus"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16916","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=16916"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16916\/revisions"}],"predecessor-version":[{"id":16917,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/16916\/revisions\/16917"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=16916"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=16916"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=16916"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}