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28 Dec 2013, 2:37 pm by Miriam Baer
 And yet, following the DC Circuit's decision in United States v Maynard (which eventually became United States v Jones when it was decided by the Supreme Court), individual jurists and scholars have increasingly embraced a mosaic theory of the Fourth Amendment, under which a discrete action (watching someone in public, seeking their phone records via a grand jury subpoena) becomes unconstitutional when government officials engage in that action too… [read post]
22 Dec 2013, 10:12 am by Giles Peaker
R v Unah [2011] EWCA Crim 1837 [2012] 1 WLR 505 and R v Y(A) [2010] EWCA Crim 762 [2010] 1 WLR 2644The Magistrates did not appear to have approached the question of whether there was a reasonable basis for Ms G’s belief:They do not set out the facts which say what the reasonable basis for that belief was and there were a number of factors which they would have required to address, including the structure of the Tribunal’s decision, flat by flat,… [read post]
22 Dec 2013, 10:12 am by Giles Peaker
R v Unah [2011] EWCA Crim 1837 [2012] 1 WLR 505 and R v Y(A) [2010] EWCA Crim 762 [2010] 1 WLR 2644The Magistrates did not appear to have approached the question of whether there was a reasonable basis for Ms G’s belief:They do not set out the facts which say what the reasonable basis for that belief was and there were a number of factors which they would have required to address, including the structure of the Tribunal’s decision, flat by flat,… [read post]