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How Well-Trained Does A Drug-Sniffing Dog Need to Be Before a Positive Alert Creates Probable Cause?
26 Apr 2011, 3:02 pm
(Orin Kerr) Under the automobile exception to the Fourth Amendment, the police can search a car without a warrant if they have probable cause to believe there is contraband inside it. [read post]
11 Sep 2012, 9:28 pm
(Orin Kerr) I’ve mostly stayed out of the Posner v. [read post]
29 Feb 2012, 2:06 pm
(Orin Kerr) I am often filled with a mild sense of both excitement and dread when I learn that Judge Posner has authored an opinion in areas of law that I follow closely. [read post]
24 Jan 2011, 11:53 am
(Orin Kerr) Here’s something you don’t see every day: A federal court of appeals overturning a criminal conviction on the ground that the trial judge’s finding that a police officer testified truthfully was “clearly erroneous. [read post]
27 Feb 2012, 11:33 pm
(Orin Kerr) Last week, I filed an amicus brief in the Fifth Circuit on a very important question in high-tech crime investigations. [read post]
10 Apr 2012, 10:34 am
(Orin Kerr) The Ninth Circuit has just handed down its long-awaited en banc decision in United States v. [read post]
23 Jan 2012, 10:59 am
(Orin Kerr) In its opinion below in what became United States v. [read post]
1 Jul 2012, 11:01 pm
(Orin Kerr) Back in 2009, I first blogged about an interesting Fourth Amendment case, United States v. [read post]
28 Aug 2012, 7:22 pm
(Orin Kerr) On October 2, the Fifth Circuit will hold oral argument in case No. 11–20884, In Re Applications of the United States for Historical Cell-Site Data. [read post]
21 Nov 2012, 11:27 am
Orin Kerr has an excellent summary and tick-tock over at Volokh Conspiracy, and Chris Soghoian has a nice combination of technical and legal analysis in his role as the ACLU’s chief geek. [read post]
23 Jan 2012, 3:57 pm
(Orin Kerr) Today’s decision in United States v. [read post]
29 Dec 2011, 11:09 pm
(Orin Kerr) Kevin Walsh flags a very unusual Fourth Amendment case out of the Fourth Circuit that reaches a rather surprising holding: The police violate the Fourth Amendment, justifying suppression of the evidence, when the police use a knife to remove drugs tied around a suspect’s private parts during a search incident to arrest. [read post]
22 May 2012, 12:41 pm
(Orin Kerr) The case is United States v. [read post]
26 Oct 2012, 9:52 am
(Orin Kerr) Next Wednesday is Dog Sniff day at the Supreme Court, when the Court will hear oral argument in Florida v. [read post]
9 May 2015, 6:25 am
Ben posted the Court’s 97-page opinion, and Orin Kerr linked us to his take on the decision over at the Volokh Conspiracy. [read post]
15 Jan 2012, 8:52 am
Inspired by Orin Kerr’s question (“is your work focused on the internal narratives and ideologies that people use to describe/justify what they do, or is it focused externally on the actual conduct of what people do? [read post]
26 May 2011, 11:16 am
(Orin Kerr) Based on an initial read, I find today’s decision in Camreta v. [read post]
9 Apr 2012, 11:24 am
(Orin Kerr) In my forthcoming article, The Mosaic Theory of the Fourth Amendment, I explain that there are lots of ways in which courts might avoid applying the exclusionary rule if they conclude that the mosaic theory of the Fourth Amendment from the concurring opinions in United States v. [read post]
21 Mar 2014, 2:50 am
Oral argument in the Andrew “Weev” Auernheimer case was held before the 3rd Circuit Court of Appeals, with Orin Kerr, knowledgeable in both law and technology, squaring off against AUSA Glen Moramarco, knowledgeable in the limits of the judiciary’s virtual grasp. [read post]
18 Oct 2010, 10:37 pm
(Orin Kerr) Today Justice Sotomayor authored what strikes me as a rather remarkable dissent from denial of certiorari in Pitre v. [read post]
