Unreasonable search and seizure?

Roppongi, Japan

* I’m not usually the editor to comment on the appearance of shirtless men, but this Aaron Tobey kid looks fine. And righteous. [Wired]

* That sound you hear could be the student loan bubble starting to burst. [FICO]

* The Supreme Court’s DOMA ruling will have an impact on immigration reform. I’m kind of interested to see what happens, given that the Court contains at least four conservatives who are immune to the rising electoral power of Hispanics and gays. [Buzzfeed]

* Recruiter Scott Love offers tips on lateral partner hiring. Here are mine. Step one: throw money at them. Step two: Hire a prostitute to make love to them on a beach, then take pictures you can threaten to send to their spouses. Hey, it worked for Bendini, Lambert and Locke. [Attorney Search Group]

* John Quinn (of Quinn Emanuel fame) wrote a great article about running in Roppongi. I had to Google that. Apparently “running” is a forward locomotion that people do for fun or fitness. [Wall Street Journal]

* There’s still room to meet with ABA president Laurel Bellows and talk about women’s issues like “how am I supposed to get a job in this f**king economy.” That’s not to be confused with men’s issues like “dude, how am I supposed to get a f**king job in this economy.” [Ms. J.D.]

There’s no love lost between cops and guys in wheelchairs.

You know things are not going well for the police when a judge uses the citation “U.S. Const. amend. IV.” Not a case interpreting the Fourth Amendment, not a scholarly analysis of search and seizure law, just a straight-up shout-out to the plain text of the constitutional prohibition. It kind of tells you where the judge is going.

Today’s installment of “Why Can’t You Just Get A Warrant” comes out of the Montgomery County courthouse near Dayton, Ohio. According to the judge’s order granting a suppression motion, the police subdued a wheelchair-bound paraplegic and searched his home. And by “subdued,” I of course mean: tackled a man in a wheelchair, handcuffed him, then pretended to be worried about the man’s grabbable area.

Fun times…

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If this Essay serves no other purpose, I hope it serves to debunk, for any readers who persist in believing it, the myth that locking your trunk will keep the cops from searching it. Based on the number of my students who arrived at law school believing that if you lock your trunk and glove compartment, the police will need a warrant to search them, I surmise that it’s even more widespread among the lay public. But it’s completely, 100% wrong.

– Professor Caleb Mason of Southwestern Law School, in a Saint Louis University Law Journal article that analyzes the legal issues in Jay-Z’s smash hip-hop hit, 99 Problems.


Do NOT go in there.

Well, you don’t see this every day. “This” meaning a substantive legal debate over the privacy implications of watching porn inside an adult video store.

The stimulating (hem hem) opinion comes (why does everything suddenly sound so dirty?) to us courtesy of the New York County Supreme Court. A man arrested in Times Square for selling narcotics appealed his arrest, saying police who burst in on him (for crying out loud, I can’t stop the puns) conducted an illegal search and seizure.

I should not write this story, because I know it will only encourage more BikeDude commenter jokes, but here goes….

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The best kind of welfare?

* Cloudy with a chance of dismissal for Steve Sunshine, Sprint’s Skaddenite. During oral argument, a judge reminded him that antitrust law didn’t exist to protect competitors. [Wall Street Journal]

* Oh, the things you’ll argue to get around a motion to dismiss: Dominique Strauss-Kahn’s accuser now contends that diplomatic immunity isn’t a pass for free blow jobs. [Bloomberg]

* Israel trades prisoners like Pokémon cards. Pending approval from the country’s security cabinet, Emory Law student Ilan Grapel will be swapped for 25 Egyptian prisoners. [Los Angeles Times]

* Premeditation? Sam Friedlander, the solo practitioner who massacred his family, bought a shotgun after getting the short end of the stick in a custody arrangement. [Journal News]

* Do drug tests constitute unreasonable searches and seizures? Maybe not, but thanks to a temporary injunction, welfare recipients in Florida will live to toke another day. [Washington Post]

While in journalism school, one of my “assignments” was to hang out at New York’s night court (open until 1 a.m. every night), observe the proceedings, and then write about them. It was less exciting than Judge Harry had led me to believe, but was an interesting night replete with drug addicts, prostitutes, and a cheap-date-loving couple who had stopped in to observe as free post-Chinatown-dinner entertainment.

It also introduced me to a 2006 New York law that requires felons to submit a genetic sample to the state DNA database. When informed of the law, one defendant arraigned on burglary charges resisted giving up his double helixes. “Are you willing to issue a court order to make me do it, sir?” he asked the judge.

“Is my saying it to you not enough?” the judge replied. The defendant said: “If you sign a court order, I’ll do it.” The judge asked for a piece of paper, and the defendant objected, “No, I want an official court order.”

The assistant district attorney then explained, in an annoyed tone, that any paper written and signed by the judge qualifies as a “court order.” The judge issued the order, but the man returned 15 minutes later, still refusing to give the DNA sample. The judge set bail and again reminded the dude that the DNA sample was required by law.

Many states have criminal genetic databases these days. As noted by the Genomics Law Report, the LAPD’s using theirs to catch the “Grim Sleeper” serial killer has resulted in a lot of media attention for these databases, despite the fact that they’ve been around for awhile. That’s because, according to GLR, “the case marks the first time in the United States that a DNA search technique known as familial searching has led to an arrest in a homicide case.” The LAPD nabbed the Grim Sleeper after DNA samples from the murders were found to be genetically similar to those of the Sleeper’s son, who had given up his DNA after a felony weapons charge. (Apparently, criminal genes run in that family.)

The attention being paid to the databases is not all positive, though. The ACLU, which has a problem with the way that California compiles its database, filed a lawsuit against Attorney General Jerry Brown last year. It’s now before the Ninth Circuit. What’s the ACLU’s problem with California’s compiling genetic information for felons and suspected felons?

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