Orin Kerr’s Fourth Amendment & The Internet: Foundations
Orin Kerr, of the Volokh Conspiracy — never trust anyone involved in a conspiracy — has just published an article for the Stanford Law Review about the Internet and the Fourth Amendment. The article...
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What’s Wrong With Orin Kerr’s “Technology Neutrality”?
My last post laid the foundations for a discussion of Orin Kerr’s latest law review article, “Applying the Fourth Amendment to the Internet: A General Approach” (2010) 62 Stan.L.Rev. 1005. Today’s post...
View ArticleHey, TSA, I Can Save You Some Time!
Today, John Tyner became my hero. If you haven’t heard the story yet, John Tyner went to the airport in San Diego, hoping to fly to South Dakota to visit his father-in-law. Now the inaptly-named...
View ArticleA Wrench In The Works
There’s been a lot of talk on the Internet lately about the Transportation Safety Administration, a.k.a. “Total Sexual Assault.” In fact, yesterday, it was the topic for the latest Round Tuit post. The...
View ArticleCalifornia Supremes Okay Fishing Expeditions
The California Supreme Court — in a move that would make King George III of England proud — decided Monday that if a government official wants to search your car, but does not have reasonable grounds...
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Massachusetts Resurrects Star Chamber
Let me apologize in advance for not doing some fancy-schmancy end-of-the-year post. It’s not that I’m not grateful to see 2011 starting to move into the rearview mirror. It’s more that I’m not wanting...
View ArticleA Reasonable Balance
These days, there is almost nothing the government can do — except try to provide for its human citizens — with which the United States Supreme Court will find fault. Want to break into the wrong house...
View ArticleThe Molestation of Justice
I originally titled this post, “Will the Real Sex Offenders Please Fuck Off.” But I was afraid some of you might think less of me, upon realizing that — even though it’s completely appropriate under...
View Article"Fulfilling" the Warrant Clause
Earlier today, Scott Greenfield [1]Get over it, people! wrote in “Fungible Judge and The General Warrant,” about what amounts to a general warrant. The warrant in question was requested by David...
View ArticleTotality of the Circus Dances
I have been working on a suppression motion the last week, so naturally, I keep running up against the “Totality of the Circumstances” doctrine, which, when you dig in, is really a Totality of the...
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