Chief Judge Alex Kozinski gives a thumbs up to privacy for the poor
A user’s manual that’s 200+ years old can be difficult to apply to modern technologies. Thus, it’s been a challenge for judges interpreting the Fourth Amendment as it applies to police surveillance via GPS tracking devices on cars.
There has been a plethora of precedents set across the country as to whether slapping a GPS tracker on a car is considered a “search” and whether a warrant is needed. A Wisconsin state court decided last year that warrantless GPS surveillance is okay. Within a week of the Wisconsin decision, a New York state court disagreed. More recently, the D.C. Circuit ruled that GPS tracking is indeed a search, and introduced what the Volokh Conspiracy’s Orin Kerr called a “mosaic theory of the Fourth Amendment,” i.e., that a series of discrete facts may be public, but their aggregation may violate privacy rights. Kerr dissed the D.C. Circuit’s mosaic ruling, but Cato’s Julian Sanchez was a fan.
The Ninth Circuit got in on the GPS-Fourth Amendment throwdown too. As noted by How Appealing, a Ninth Circuit panel — consisting of two of the court’s more conservative members, Diarmuid O’Scannlain and Randy Smith, and Judge Charles Wolle (S.D. Iowa), sitting my designation — ruled that police officers who placed a GPS device on the underbed of a suspected drug dealer’s car while it was parked outside of his house did not violate his constitutional rights.
Chief Judge Alex Kozinski was not happy about their decision. He wrote an angry dissent from the denial of rehearing en banc, accusing the judges of “cultural elitism,” by granting privacy rights to the rich but not to the poor…
It’s an entry-level luxury vehicle. It’s the sort of car you might see a first-year lawyer driving.
– Jalopnik editor Ray Wert, discussing Facebook CEO Mark Zuckerberg’s Acura TSX. Since Zuckerberg has professed not to believe in privacy and has helped to eradicate it with Facebook, Gawker gave him the paparazzi treatment, and discovered that he (and his car) are not actually very interesting.
When I worked in the U.S. Attorney’s Office, I’d sometimes hear colleagues joke about handing over their Justice Department credentials along with their driver’s license if pulled over for a moving violation. It was a joke because it was generally understood that trying to get out of a speeding ticket by flaunting one’s status as law enforcement was a bad idea (setting aside the ethical issues). The police officer might give you a free pass, or he might get ticked off at your attempt to take advantage of your position. You could end up with a scandal on your hands — the kind of scandal that could derail career ambitions.
This is a lesson that Iowa attorney Lisa Jones-Hall learned the hard way. The Cedar Rapids Gazette reports:
A woman on track to become a Linn County prosecutor lost that chance after police pulled her over in Marion last month for having tinted windows. New dash cam video police released today shows Lisa Jones-Hall called the officer names and tried to use her new job to get out of the ticket. The officer asked Jones-Hall to sign a ticket because he said her windows were illegally tinted. But, she initially refused to sign it, called the officer names and then brought up the job she was supposed to start the following week.
“Ok. I want you to arrest me for having tinted windows. I start with the Linn County Prosecutor’s Office next Tuesday. I want you to arrest me for not signing this,” Jones-Hall told the officer.
After hearing about this incident, the Linn County Prosecutor’s Office decided not to hire Jones-Hall.
The Senate confirmation vote on Elena Kagan’s nomination to the Supreme Court has been pushed back one week, to July 20. This gives the Republicans more time to try and persuade a few Democrats to vote against Lady Kaga.
As they try to win over Democrats, the Senate Republicans have some new fodder: a Kagan-related scandal! A hit-and-run car accident, involving thousands of dollars in damage! To a minivan — owned by the mother of a disabled child!
Alas, the Divine Miss K wasn’t at the wheel. Who was?
So you’ve been laid off. What do you do? There are so many options: sulk; cry; send out résumés; try to sell your degree; spend time in the Above the Law comments section, complaining about your deadbeat firm…
Or you could take your 2009 Porsche Cayman S on a road trip across America. That’s what a laid-off sixth-year associate did when she got canned by her prestigious AmLaw 20 firm. The associate from an East Coast office is keeping her identity under wraps, so we’ll call her Porschia.
The “double ivy league educated corporate lawyer” started a blog about her adventures, called Driving with Gusto, which has beautiful photos of spacious skies, amber waves of grain, and purple mountain majesties.
While the Porsche is a manual, we wouldn’t say she drives stick. Porschia is a lesbian, and so there are many fun tales of hot girl-on-girl action from across the fruited plains…
Not that we’re in the business of giving free legal advice, but there are a few things every lawyer should know. Lawyers should know how to handle a traffic stop, for instance. They should know how to handle cops who shout slurs at you from across the street. And of course, lawyers should never snitch.
Some of these lessons come as a shock to laypeople, and even some lawyers who didn’t pay enough attention during Criminal Procedure. But high on the list of things that trained attorneys should never do is submit to a breathalyzer test. You don’t need to be a DUI defense attorney to know that you don’t blow.
The unwritten rule isn’t there to protect drunk drivers (okay, it kind of is there to protect drunks who operate high-speed killing machines); it’s also there to protect innocent people who don’t want to get caught up in the criminal justice system.
An article in today’s Washington Post underscores the point: the breathalyzer simply cannot be trusted, and juries can’t be trusted to know that…
There are two occasions that inspire people to scrawl messages on their cars’ windows: sporting events and graduations. With either one, white paint on the back windshield lets the world know you’re a winner.
An ATL reader spotted a writing-festooned Lexus parked outside of the Boston Harbor Hotel and sent us the photo below, which we turned over to you for captioning. This Boston law student’s graduation was celebrated with both caps thrown in the air and errors thrown into capital letters:
I talk a lot about what legal education doesn’t prepare you for. You know what it does prepare you for? Any future interaction with police officers. By the time I finished 1L year, I knew the golden rule for dealing with officers of the law: keep your mouth shut. Knowing the law and knowing your rights helps. But whenever you deal with a cop, you should say as little as possible.
Look, as a black man that lesson probably increases my life expectancy. But every person with legal training can benefit from simplicity of silence when cops are around. If I was the victim of a home break-in and called the cops myself, I wouldn’t say anything to them when they showed up. I’d just kind of point at things and shake my head.
You don’t even have to be a practicing lawyer to reap the benefit of these skills. On his blog, Concurrent Sentences (gavel bang: Volokh Conspiracy), a Michigan area law student explains how he masterfully handled a recent traffic stop. It’s a skill all lawyers should have…
Gerald Ung, the Temple University law school student arrested in January for shooting another man five times in front of the Old City Fox TV studio, this morning was ordered to stand trial on attempted murder and aggravated assault charges.
Philadelphia Municipal Judge David Shuter dismissed two gun charges because Ung had a legal permit to carry a gun from his native state of Virginia.
The article contains some additional (and apparently new) details about the underlying incident….
We currently have a number of active openings for associate roles at US and UK firms in HK / China, Singapore and two new in-house openings. As always, please feel free to reach out to us at email@example.com in order to get details of current openings in Asia, as well as to discuss the Asia markets in general and what we expect for openings later this year. Our Evan Jowers and Robert Kinney will be in Beijing the week of March 25 and Evan Jowers will be in Hong Kong the week of April 1, if you would like to meet them in person.
The US associate openings we have in law firms are in the usual areas of M&A, cap markets, FCPA / white collar litigation, finance, and project finance. The most urgent of our top tier (top 15 US or magic circle) law firm openings in Asia (among many other firm openings that we have in Asia) are as follows:
• 2nd to 5th year mandarin fluent M&A associates needed in Beijing and Hong Kong at several firms;
• Korean fluent 2nd to 4th year cap markets associate needed in Hong Kong;
• 2nd to 5th year Japanese fluent M&A associates needed in Tokyo;
• 4th to 6th year mandarin fluent cap markets associate needed in Hong Kong;
• 2nd to 4th year M&A / cap markets mix associate needed in Singapore.
In a land that is right here and in a time that is right now, a technology has arisen so powerful that it can replace basic human document review. Is it time to bow down before our new robot overlords?
First, here’s a little story about me: my life in the legal world began as a paralegal. My first case was a GIANT patent infringement case that was already six years old and had involved as many as five companies, multiple US courts, the ITC and an international standards committee. I knew nothing about any of this.
On my first day, my supervisor (a paralegal with at least eight other cases driving her crazy) sat me down in front of a Concordance database with a 100,000+ patents and patent file histories. “Code these,” she said. I learned that “coding”, for the purposes of this exercise, meant manually typing the inventor’s name, the title of the patent, the assignee, the file date, and other objective data for each document. I worked on that project – and only that project – for at least the first six months of my job. After a week or so, time began to blur.
What I know, in retrospect and with absolutely certainty, is that as time began to blur, so did my judgment. So did my attention to detail. If you could tell me that I did not make at least one mistake a day – one inconsistent spelling, one reversed day and month, one incorrectly spaced title – I frankly would need to see your evidence. I would not believe it. The human mind is trainable but it is not a machine.
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