Category Archives: Uncategorized

NYT: The Man Who Trapped Us in Databases

NYT: The Man Who Trapped Us in Databases by McKenzie Funk Hank Asher was a drug smuggler with a head for numbers — until he figured out how to turn Americans’ private information into a big business.

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Just Security: Resolving Carpenter’s Third-Party Paradox (Part II – The Solution)

Just Security: Resolving Carpenter’s Third-Party Paradox (Part II – The Solution) by Michael Dreeben, Elizabeth N. Hadley, Conor S. O’Shea and Johanna Seale:

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D.Neb.: Failure to mention lack of ShotSpotter alert in SW affidavit after seeing possible evidence inside SUV not material

Police responding to a shots fired call looked through the windows of defendant’s Tahoe and saw a gun magazine. Failure to mention the lack of a ShotSpotter alert wasn’t material. United States v. Johnson, 2023 U.S. Dist. LEXIS 164666 (D. … Continue reading

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Today is Constitution Day

Bill of Rights Day is December 15th

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Reason: How Hippies Saved the Fourth Amendment

Reason: How Hippies Saved the Fourth Amendment by Sean Howe (“The Nixon administration did everything it could to curb antiwar activism. Then the courts said it had gone too far.”)

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CA6: Unreasonable delay for vehicle forfeiture decision violates due process

“We … hold that Wayne County violated that Constitution when it seized plaintiffs’ personal vehicles—which were vital to their transportation and livelihoods—with no timely process to contest the seizure. We further hold that Wayne County was required to provide an … Continue reading

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techdirt: Kansas State Police Tell Court It’s Too Much To Ask For Troopers To Respect The Constitution

techdirt: Kansas State Police Tell Court It’s Too Much To Ask For Troopers To Respect The Constitution by Tim Cushing:

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Law license 50 today

Today is my 50th anniversary as a lawyer, sworn in at 9:00 am, Friday August 31, 1973, by Jimmy Hawkins, the Clerk of the Arkansas Supreme Court. (The bar results were out at noon Saturday, August 25th. I don’t remember … Continue reading

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WaPo: 4A fourth most cited amendment

Department of Data, Washington Post: The Fourth Amendment (254,471) is the fourth most cited constitutional amendment in judicial opinions after the Fourteenth (501,271), Fifth (306,821), and Sixth (288,832) Amendments per LexisNexis. Judges have cited the Fourteenth Amendment half a million … Continue reading

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CO granted review: Does IP address at one house permit a search of neighboring houses, too, if the signal reaches there?

Does IP address at one house permit a search of neighboring houses, too, if the signal reaches there? That’s not the question exactly, but close enough. Dhyne v. People, 2023 Colo. LEXIS 779 (Aug. 7, 2023)*:

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E.D.N.Y.: In a murder for hire case, a two year delay between the killing and the search didn’t make it presumably stale

In a murder for hire case, a two year delay between the homicide and the search warrant for defendant’s premises did not make the warrant presumably stale. The warrant sought digital evidence, and there were four conspirators and it spanned … Continue reading

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D.Kan.: The “Kansas Two-Step” order

Shaw v. Jones, 2023 U.S. Dist. LEXIS 126478 (D. Kan. July 21, 2023):

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techdirt: Court Says It’s Fine For Cops To Use Cell Phones To Peep Into People’s Cars

techdirt: Court Says It’s Fine For Cops To Use Cell Phones To Peep Into People’s Cars by Tim Cushing (“What is ‘plain view?’ Cops claim it’s anything anyone could see if they happened to be in the same place at … Continue reading

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MT: Threats to officer after saying he’d get a SW admissible at trial

The officer told defendant he’d get a telephonic warrant for a blood draw, and defendant responded with threats to follow him home. They were admissible at trial. State v. Hardin, 2023 MT 132, 2023 Mont. LEXIS 701 (July 11, 2023). … Continue reading

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E.D.Mich.: Telling a detainee in a traffic stop to come to the rear of the car is not an unreasonable seizure

Telling a detainee in a traffic stop to come to the rear of the car is not an unreasonable seizure. United States v. Holmes, 2023 U.S. Dist. LEXIS 99976 (E.D. Mich. June 8, 2023). The trial court erred in suppressing … Continue reading

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NYT: Here’s What Happens When Your Lawyer Uses ChatGPT

NYT: Here’s What Happens When Your Lawyer Uses ChatGPT by Benjamin Weiser (“A lawyer representing a man who sued an airline relied on artificial intelligence to help prepare a court filing. It did not go well.”):

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CA5: Lying about possession of something is not abandonment

Defendant was pulled over for a traffic stop and was at his mother’s house. He tossed his jacket over the fence into her yard, and that was not an abandonment of his reasonable expectation of privacy in the jacket. Lying … Continue reading

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Reason: What Would An Originalist Fourth Amendment Require?

Reason: What Would An Originalist Fourth Amendment Require? by Orin S. Kerr

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NYT: A.I. Is Coming for Lawyers, Again

NYT: A.I. Is Coming for Lawyers, Again by Steve Lohr (“Previous advances in A.I. inspired predictions that the law was the lucrative profession most likely to suffer job losses. It didn’t happen. Is this time different?”):

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NPR: Feds barged into the wrong hotel room during a drill, then detained the guest inside

NPR: Feds barged into the wrong hotel room during a drill, then detained the guest inside (“Federal agents and military personnel conducting a training exercise at a Boston hotel interrogated an unsuspecting civilian after they entered the wrong room by … Continue reading

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