4th Amendment
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Technology
California Cops Now Have To Lead With The Pretext When Making Pretextual Stops
From the 'do-YOU-know-why-you-pulled-me-over?' Dept. -
Technology
Winnie The Narc: Authorities Tie Camera On Bear, Property Owners Cry Illegal Search
This case seems bear-y bear-y stupid. - Sponsored
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Government
After FBI Seizes His Phone, Trump Coup Lawyer John Eastman Decides The Fourth Amendment Is Good Actually
As you sow, so shall you reap.
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Government
Nice Bankroll You Got There. Be A Shame If You Had The Right To Remain Silent.
Hopefully the police would at least give you a couple of frequent flyer miles. -
Technology
San Francisco Cops Are Accessing Autonomous Vehicle Recordings To Collect Evidence
Always another source of surveillance. -
Morning Docket
Morning Docket: 04.08.22
* Standing Evacuation: Republicans flee en masse as Judge Jackson is confirmed to the highest court in the land. [Mediaite]
* Marjorie Taylor Greene, who advocated for the execution of Democrat politicians in 2018 and 2019, ran to the police because of a joke on Jimmy Kimmel. Talk about a snowflake. [Twitter]
* The 4th as a nicety: Portland Police did a bunch of snooping and data collection on protestors without really explaining why. [Oregon Live]
* Texan charged with assault after an argument over mosquitoes. You’re supposed to swat them, not your friends. [NBC News]
* Post-school suspensions: several hundred attorneys got their licenses suspended over paperwork. Mind your P&Qs or risk your J&Ds. [Oregon Live]
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Morning Docket
Morning Docket: 03.24.22
* Bad Blood: Apple is facing antitrust litigation because of its heart monitoring capabilities. [9to5Mac]
* Idaho’s governor just yolo signed a bill that flouts Roe. [NYT]
* All hands on deck: students are putting books on hold to support Ukraine. [Reuters]
* No Cuomo: NY passed laws that will strengthen harassment and discrimination protections. [National Law Review]
* According to the judge, you’re gonna need some paperwork for that. [Tennessee Lookout]
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Constitutional Law
Now That Is Some Expensive Pot, Officer
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Technology
Clearview AI Is Basically Making The Dark Knight Database Thing And It's Legal
Privacy and intimacy as we know it will be a memory. -
Constitutional Law
No-Knock Raids Are An Unnecessary Evil
There is no justifiable reason to continue such an abused and deadly practice. -
Courts
Suspect Asks For A 'Lawyer, Dog,' Willfully Ignorant Court Denies Comma, Counsel
A Louisiana court was willing to look incredibly stupid to read in ambiguity. -
Crime, Federal Judges, Shopping
On Kozinski And Costco
The mega-retailer counts federal judges among its fans. -
Non-Sequiturs
Non-Sequiturs: 06.14.17
* Time to nerd out! We’ll start with Senator Dianne Feinstein (D-CA) firing a shot across on the bow on blue slips. [Politico via How Appealing]
* Speaking of judicial nominees, Professor Stephanos Bibas, nominated to the Third Circuit, has a long, long paper trail — including not just lots of law review articles, but letters to the editor from when he was a college kid. [CA3blog]
* Who knew that singer John Legend was a legal nerd? He’s all about “the challenge and the opportunity of federalism,” as Chris Geidner reports. [BuzzFeed News]
* It’s time for the courts to recognize that the Lemon test “is really and truly dead,” according to Daniel Blomberg of Becket. [Bench Memos / National Review]
* Meanwhile, Professor Orin Kerr identifies “an interesting question worth flagging for the Fourth Amendment nerds” out there. [Washington Post]
* Finally, Fifth Circuit guru David Coale has found something even wonkier than the Rooker-Feldman doctrine. [600 Camp]
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Non-Sequiturs
Non-Sequiturs: 05.17.17
* Congratulations to Erwin Chemerinsky, the next dean of Berkeley Law! [How Appealing]
* Speaking of deans, this Yale dean — note, not a dean at the law school — “loves diversity, except for ‘white trash.’” [Instapundit]
* The latest entrant into the FBI director sweepstakes: former senator Joe Lieberman, now senior counsel at one of Donald Trump’s “go-to” law firms, Kasowitz Benson. [Newsweek]
* “Americans like piece of paper? I have piece of paper!” [Althouse]
* In case you were wondering, “Did Rosie O’Donnell ever study constitutional law?” [NewsBusters]
* Legal nerds, let’s get ready to rumble! Professor Gerard Magliocca asks: “Is Justice Story overrated?” [Concurring Opinions]
* Shearman & Sterling partner (and podcaster) Richard Hsu is joining the Major leagues — legal recruiting firm Major, Lindsey & Africa, that is. [LinkedIn]
* Randy Maniloff interviews celebrated lawyer/author Scott Turow, whose new book, Testimony (affiliate link), just came out. [Coverage Opinions]
* An argument in favor of protecting your cellphone with your thumbprint and a password. [Katz Justice]
* “If you had to choose a law partner from the characters in Better Call Saul, who would you choose?” [Guile is Good]
* If you’re a law student interested in ediscovery, check out this contest, sponsored by kCura. [kCura via PR Newswire]
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Constitutional Law, Politics
Liberal Silence Tramples The Fourth Amendment
The Fourth Amendment is not a partisan issue, but a cherished constitutional right that both parties must protect. -
Constitutional Law, Law Professors, Law Schools
Get Off My Lawn -- By The Power Of The Fourth Amendment
Two law school professors and their clever constitutional-law project. -
Constitutional Law
Police Prank Doesn't Jibe With The 4th Amendment
Generations of distrust sown by systemic racism cannot be undone by ice cream. -
Clarence Thomas, SCOTUS, Stephen Breyer
Court Decides Fourth Amendment Is No Longer That Important
Quite simply, Thomas’s decision opens the door to profiling on an industrial scale. -
Police, Politics
Sandra Bland And What No One Seems To Know About Their Rights
Traffic stops are among the most common encounters with law enforcement that most Americans will have; if the average citizen has no clue what her rights or duties are during these encounters, then we’re doing it wrong. -
Non-Sequiturs
Non-Sequiturs: 03.31.15
* The Supreme Court decided that government-issued GPS trackers violate 4th Amendment. My GPS device is my phone — can we get on protecting that? [Gizmodo]
* More on the subtle differences between the Indiana RFRA and the post-Hobby Lobby landscape. Specifically, the Indiana Act’s provision on private suits, which are the subject of a circuit split at the federal level. [Washington Post]
* Professor Jonathan Lipson reviews what ATL’s Converge conference had to say about the future of law. [The Temple 10-Q]
* The Supreme Court doesn’t want to hear from ever lawyer under the sun on the marriage equality cases. The parties just announced their picks to make the argument. [Lyldennews]
* Another day, another law student busted for sex with a minor. Maybe crim law needs to move up that age of consent lecture to day 1. [The Columbus Dispatch]
* Up and coming Supreme Court challenges to Obamacare for everyone still raging against the dying of the light. [Washington Post / The Volokh Conspiracy]
* Congratulations to Steven J. Harper, who is finally headed home from the hospital after a lengthy stay under apparently Kafka-esque conditions. [The Lawyer Bubble]