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19 Jun 2013, 3:14 pm by Jon Sands
New York, 432 U.S. 61 (1975), double jeopardy claims cannot be waived because they relate not to the defendant's factual guilt but instead to the government's power to prosecute the defendant. [read post]
1 Mar 2011, 11:10 am
  The federal government's incapable of running the record of a guy who's on supervised release to see if he's been arrested anywhere? [read post]
16 Jul 2012, 2:15 pm
  There's got to be enough vacant (and/or government) land in Alaska to support a vibrant domestic meth manufacturing facility, no? [read post]
29 Nov 2007, 10:19 am
Which begins as follows:"The majority holds, with an air of shrugging inevitability, that without a warrant, without probable cause, indeed without any suspicion whatsoever, the federal government may seize and repeatedly search the DNA of all federal felons on supervised release, regardless of their offense or their likelihood to re-offend. [read post]
27 May 2008, 10:53 am
So easy that you only have to read the first sentence of the opinion to know not only the question presented, but also its unstated -- but crystal clear -- resolution by the court.So, for example, when the first paragraph of the opinion contains a single sentence, and that sentence reads: "We must decide whether evidence obtained from an authorized wiretap investigation must be suppressed where the government continued to intercept a named target's conversations despite his… [read post]