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24 Feb 2012, 11:44 am
Kerr has discussed, the Court held that an officer would not be unreasonable in thinking that evidence of gang affiliation would “prove helpful in prosecuting him for the attack” on his ex-girlfriend – not only to prove motive in the government’s case-in-chief, but possibly to impeach Bowen or rebut any defenses he might raise, as well. [read post]
6 Feb 2012, 8:28 pm
" Ex parte Schoenberg, BPAI 2011. [read post]
24 Jan 2012, 10:33 am
If the witness’s false testimony has obstructed the court in 663*663 the performance of its duty, the witness may be met with sanctions for civil contempt, see Ex parte Hudgings, 249 U.S. 378, 383, 39 S.Ct. 337, 339, 63 L.Ed. 656 (1919), or criminal contempt, see In re Michael, 326 U.S. 224, 227-29, 66 S.Ct. 78, 79-80, 90 L.Ed. 30 (1945). [read post]
6 Dec 2011, 2:18 pm
I don't like that part of the law, and it should be changed. [read post]
30 Nov 2011, 6:11 am
As Kerr describes a medical computer system, Harsham simply shows that one of ordinary skill new that Kerr’s administration could be simplified by using rules. [read post]
7 Nov 2011, 3:03 pm
[Am Law Daily] Professor Paul Campos * How would you like your soon-to-be-ex spouse to have your Facebook and Match.com passwords? [read post]
4 Nov 2011, 8:04 am
“I didn’t want to be any part of these nasty people,” Ms. [read post]
27 Oct 2011, 12:32 am
(Orin Kerr) This is my second post on United States v. [read post]
14 Oct 2011, 12:25 pm
(Orin Kerr) My co-blogger David Post has authored several passionate posts harshly criticizing the federal government’s recent practice of seizing domain names pursuant to ex parte court orders based on probable cause. [read post]
1 Aug 2011, 1:00 am
Lords Brown, Dyson, Walker and Kerr agreed. [read post]
10 Jul 2011, 3:00 pm
Here are the background facts: Bowen shoots at his ex-girlfriend with a sawed-off shotgun. [read post]
23 Jun 2011, 9:49 am
Third, as I explain in my article, the absence of ex ante restrictions will prompt and facilitate ex post restrictions by appellate courts that will make ex ante restrictions unnecessary.The second argument made by defenders of ex ante search restrictions is that ex ante restrictions are part of the particularity requirement. [read post]
22 Jun 2011, 1:20 pm
(Orin Kerr) I’ve blogged before about the fascinating and important issue of whether magistrate judges have the power to impose ex ante restrictions on how computer searches will be executed as a condition of issuing warrants to search computers. [read post]
23 May 2011, 8:44 am
In the Supreme Court the majority (Lord Phillips, Lord Hope, Lady Hale, Lord Kerr and Lord Clarke) preferred a broader construction than the minority (Lord Judge, Lord Brown, Lord Rodger and Lord Walker) would have adopted. [read post]
8 May 2011, 7:01 pm
” Ex parte Cary Kerr, 2011 Tex. [read post]
19 Feb 2011, 4:24 am
While ex parte applications are troubling enough, there being no one to oppose or question the premise, and judges approaching matters with whatever bias they bring to the bench, there is a more basic reality that we face on a constant basis. [read post]
11 Feb 2011, 3:47 am
Magistrate Judge James Orenstein in the Eastern District of New York isn't going down without a fight.Via Volokh, Orin Kerr notes that Mag. [read post]
10 Feb 2011, 1:21 pm
(Orin Kerr) Back in August, I had a long post, Fourth Amendment Stunner: Judge Rules That Cell-Site Data Protected By Fourth Amendment Warrant Requirement, about a recent Fourth Amendment decision by Magistrate Judge James Orenstein. [read post]
30 Dec 2010, 2:29 pm
(Orin Kerr) When the Supreme Court handed down Herring v. [read post]
17 Dec 2010, 12:15 pm
As part of the investigation, prosecutors seized 27,000 of Warshak’s private emails, ex parte, and without first getting a warrant. [read post]
