Category Archives: search and seizure

What did they mean …..

Clancy on the Framers’ Intent and the Fourth Amendment Thomas Clancy (University of Mississippi College of Law) has posted The Framers’ Intent: John Adams, His Era, and the Fourth Amendment (Indiana Law Journal, Vol. 86, 2010) on SSRN. Here is the … Continue reading

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Fourth Amendment

Loewy on Fourth Amendment History, Purpose, and Remedies Arnold H. Loewy (Texas Tech University School of Law) has posted The Fourth Amendment: History, Purpose, and Remedies on SSRN. Here is the abstract: In this article, Professor Loewy introduces the Fourth … Continue reading

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Maybe someone is listening….

PHILADELPHIA — The new district attorney in violence-weary Philadelphia had vowed not to get tough on crime but to get “smart on crime.” This month, R. Seth Williams began to make good on his word, downgrading penalties for possessing small … Continue reading

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Stolen property….

Green on Possession of Stolen Property Stuart P. Green (Rutgers Law School-Newark) has posted Thieving and Receiving: (Over)Criminalizing the Possession of Stolen Property (New Criminal Law Review, Forthcoming) on SSRN. Here is the abstract: Historically, Anglo-American law has treated the … Continue reading

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Another reason to stay out of Arizona…

“Governor Rebuffs Clemency Board in Murder Case” Adam Liptak’s column in the New York Times is here. In part: Mr. Kempfert is now certain that his father, William Macumber, is innocent. Arizona’s clemency board, citing Mr. Kempfert’s “very moving testimony” … Continue reading

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Hit the delete button…..because….

Ari B. Fontecchio has posted Suspicionless Laptop Searches Under the Border Search Doctrine: The Fourth Amendment Exception that Swallows Your Laptop on SSRN. Here is the abstract: The Department of Homeland Security recently set forth a new policy allowing suspicionless … Continue reading

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Only in America…

This issue will be argued this week in Supreme Court….. City of Ontario v. Quon: (1) Whether a SWAT team member has a reasonable expectation of privacy in text messages transmitted on his SWAT pager, where the police department has … Continue reading

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Tax the toke?

California to Vote on Legalizing Pot In November, California will vote on whether to legalize marijuana, thanks to a voter ballot initiative that passed inspection by state election officials on Wednesday. If passed, the initiative would legalize possession of up … Continue reading

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Latest on Search and Seizure

The trial court erroneously denied the defendant’s motion to suppress because a sheriff’s deputy didn’t have a warrant or consent to enter an apartment where the defendant was found and there were no exigent circumstances that would justify the deputy’s … Continue reading

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Judicial Conflict?

Clarence Thomas’ Wife Joins Tea Party Virginia Thomas is no ordinary activist. In fact, she’s the wife of Supreme Court Justice Clarence Thomas and she has founded a Tea Party-linked group, which could stretch the court’s traditional sense of impartiality. … Continue reading

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