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11 Jun 2012, 4:44 pm
  As a policy matter, I'm not sure I really want my appellate judges deciding whether to issue search warrants. [read post]
17 Feb 2010, 10:58 am
Or any other peer-to-peer network, for that matter.It's not a Fourth Amendment violation for the government to sign on and check out other people's computer. [read post]
30 Apr 2014, 1:46 pm
 And, as a practical matter, these challenges are likely to fail anyway. [read post]
29 Jun 2016, 1:59 pm
 On the theory that any blank that the lender puts in front of me is necessarily material "as a matter of law". [read post]
6 Oct 2023, 11:53 am
"(Though, of course, none of this whole sentencing stuff matters if you don't commit any crimes. [read post]
18 Sep 2014, 12:21 pm
 Doesn't matter if it was in the middle of the night, there was no one around, and no one got hurt (or was even meant to get hurt).You exploded a pipe bomb. [read post]
11 Feb 2014, 10:55 am
 I suggested a third path that would reverse the conviction and yet remand for a new trial.The Ninth Circuit decides to take the matter en banc. [read post]
23 Oct 2018, 2:43 pm
  Thus getting legions of evidence to prosecute the relevant visitors.Brilliant.The short lesson is never to assume, no matter how many precautions you take, that what you send over the Internet is secure. [read post]
31 Mar 2016, 3:16 pm
 (Here, after some wiretaps, the police stopped a drug-laden vehicle, but told the driver that he was being stopped for an illegal lane change -- a lie -- because the police did not want to reveal the nature of the ongoing investigation.)Judge Berzon argues that several states, including California, have adopted precisely such a rule as a matter of good practice. [read post]