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18 Aug 2011, 2:55 am
June 29, 2011) (Sutton, J., concurring), it bears emphasizing that courts should not decide that a right is clearly established at a high level of abstraction: we look to “whether the violative nature of particular conduct is clearly established. [read post]
27 May 2008, 11:23 am
Ciraolo, 476 U.S. at 215 (quoting Katz, 389 U.S. at 361) (Harlan, J. concurrence)) (noting, "a man's home is, for most purposes, a place where he expects privacy ... [read post]
15 Aug 2007, 2:50 am
J. 199, 203-04 (1997) (the Drug Enforcement Administration admitted, first in 1987, that now up to 97% of the United States money supply is tainted by drugs because of the physical and chemical properties of drugs, particularly cocaine, to attach itself to even new money that comes into contact with contaminated money; moreover, once tainted, the money stays tainted, even though it is not drug money at all, and it stays there indefinitely; furthermore, the contamination happens at banks and… [read post]
15 Jun 2008, 2:44 pm
See also id. at 776-77 (Posner, J., dissenting): An inventory search might not be authorized by a policy, but if the search conducted by the police was in fact a reasonable inventory search--maybe they searched the car because they feared being accused of stealing the owner's property--there would be no basis for a constitutional objection. [read post]
31 Mar 2009, 6:08 am
Randolph, 547 U.S. 103, 120 (2006) (holding that "a warrantless search of a shared dwelling for evidence over the express refusal of consent by a physically present resident cannot be justified as reasonable as to him on the basis of consent given to the police by another resident") (emphasis added); see also Randolph, 547 U.S. at 126 (Breyer, J., concurring) ("The Court's opinion does not apply where the objector is not present 'and object[ing].') (emphasis… [read post]
6 Feb 2015, 11:19 am by Dan Hepburn
Section 73 of the Land Title Act RSBC 1996 c.250 (“LTA”) is such a provision. [read post]
17 Dec 2008, 6:28 pm
In what will probably become among the first of many, New York Law School filed suit in U.S. district court in Manhattan on Tuesday against GMAC chairman J. [read post]
27 Oct 2008, 11:20 am
., 2006 NY Slip Op 52652(U), Decided on September 26, 2006, Supreme Court, Westchester County, Loehr, J. [read post]