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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]
26 May 2011, 11:16 am
(Orin Kerr) Based on an initial read, I find today’s decision in Camreta v. [read post]
27 Mar 2009, 6:42 am
Volokh Conspirator Orin Kerr has been hard at work trying to create a framework for the application of the 4th Amendment to the internet, one of the stickiest problems confronting criminal law in the past decade. [read post]
13 Jul 2015, 4:59 am
Whether it’s a problem for us or them is the tacit heart of Orin Kerr’s fascinating question as to the limitations on seizures of digital evidence under a search warrant. [read post]
17 Dec 2014, 8:59 am
” Kerr 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]
20 Jun 2011, 3:38 am
Error schmerror, as we lawyers say.Orin Kerr took Eugene's post a step further, or perhaps orthogonally, in noting that our Supreme Court Justices are expected to deal with flavors of law far afield from what they knew and practiced. [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]
8 Nov 2011, 11:14 pm
(Orin Kerr) The Justices of the Supreme Court will meet soon to offer preliminary votes in United States v. [read post]
13 Aug 2011, 4:13 pm
(Orin Kerr) When a court hands down a 207-page majority opinion on a Friday afternoon in August, close scrutiny of its reasoning in the blogosphere generally waits for Monday. [read post]
15 Dec 2019, 3:31 am
Long before Trump was president, when he was just a third-rate TV game show host and a failed businessman, Orin Kerr wrote a prescient post about confirmation bias: Brilliant people agree with me. [read post]
3 Aug 2010, 12:29 pm
(Orin Kerr) Salon’s Glenn Greenwald has an interesting post about a group called “Project Vigillant,” which it seems is some sort of volunteer private-sector group that tracks hackers (and perhaps other bad guys). [read post]
31 Aug 2010, 3:36 am
Given my opposition to Orin Kerr's "technology neutral approach" to the application of search and seizure law to technological advancement, largely due to my belief that the 4th Amendment is a bundle of exceptions in search of rule, and that Orin's approach will leave us with no meaningful protection at all, the question remains: If not tech neutral, then what? [read post]
