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4 Apr 2016, 10:43 am by Orin Kerr
(Tomohiro Ohsumi/Getty Images) The widespread use of cellphones gives the government a way to locate criminal suspects using a device known as a cell-site simulator. [read post]
21 Jan 2015, 7:30 pm
Reading over news accounts of the recent protest at the Supreme Court on the fifth anniversary of Citizens United, I’m saddened by the disconnect between what the case actually held and what the protesters apparently shouted in the courtroom. [read post]
24 Jun 2008, 2:06 am
I'm happy to announce the publication of the 12th Edition of the criminal procedure casebook that Yale Kamisar first assembled in 1965: Modern Criminal Procedure, now with LaFave, Israel, King,... [read post]
20 Jan 2018, 1:51 am by Orin Kerr
On Thursday, the Sixth Circuit decided a Fourth Amendment case that is drawing a lot of criticism online. [read post]
27 Sep 2016, 1:03 pm by Orin Kerr
(Chris Ratcliffe/Bloomberg) In recent months, over a dozen district courts have handed down divided opinions on the legality of a single search warrant that was used to search the computers of many visitors to a child pornography website. [read post]
25 Jan 2015, 9:37 pm
In the New York Times, Adam Liptak has an interesting story on the “courtesy fifth,” the common practice at the Supreme Court of a fifth Justice voting to stay an execution if four Justices vote to grant cert in a capital case. [read post]
6 May 2014, 2:37 pm
I’m not a fan of using puns in the titles of law review articles. [read post]
19 Jan 2018, 3:39 am by Orin Kerr
My friend and co-blogger Will Baude argued recently that his Positive Law test of the Fourth Amendment is an originalist approach. [read post]
8 Jul 2020, 4:23 pm by Orin S. Kerr
[A submission for the Supreme Court's big CFAA case.] [read post]
7 Mar 2017, 6:25 am by Orin Kerr
President Trump (Saul Loeb/Agence France-Presse via Getty Images) President Trump recently tweeted that President Barack Obama tapped Trump’s phones during the campaign. [read post]
26 Apr 2024, 1:55 pm by Orin S. Kerr
[A follow-up to my post last year on the inevitable discovery exception to the exclusionary rule.] [read post]
11 Jun 2014, 1:02 pm
A California state trial judge has relied on the California constitution to invalidate state laws granting teacher tenure after two years, making it difficult to dismiss teachers, and requiring most-recently-hired teachers to be fired first. [read post]
7 Apr 2020, 2:48 am by Orin S. Kerr
[The Supreme Court rules in an interesting Fourth Amendment case.] [read post]
23 Feb 2018, 2:25 pm by Orin Kerr
(cross-posted at Lawfare) I have blogged a lot over the last two years on the pending case of United States v. [read post]
26 Jun 2015, 7:03 am
The Supreme Court has ruled that the Constitution recognizes a right to same-sex marriage. [read post]