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Double Jeopardy Same Offense Stays the Same… For Now
The Court unanimously agrees that Congress intended only a single conviction, ending the matter… except to Gorsuch.
categories: adjudication, cases of interest, constitution, crimprof blog, fifth amendment, scholarship, slider, supreme courtTags: double jeopardy
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Brigham City Emergency Aid Lives On
The Court unanimously, as expected, sticks to its sui generis rule.
categories: cases of interest, constitution, fourth amendment, investigation, privacy, slider, supreme court
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Let’s Be Reasonable About Geofence Warrants (Part 5) – New Jersey v. Bryant
The NJ Superior Court’s Appellate Division takes a measured (if less than ideal) approach to cell tower dumps, and this time in a published opinion.
categories: cases of interest, constitution, crimprof blog, fourth amendment, investigation, privacy, scholarship, slider, technology
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Let’s Be Reasonable About Geofence Warrants (Part 4) – Ohio v. Diaw
The Ohio Supreme Court reasonably holds a person retains no reasonable expectation of privacy in a single location datum conveyed to a third party.
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No More Chest Thumping in Iowa – A Garbage Search About-Face
Iowa proves a legal realist’s dream (and privacy failure) in narrowing its state constitutional search protection.
categories: cases of interest, constitution, crimprof blog, fourth amendment, jurisprudence, privacy, slider, technology
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Martin v US (Somewhat) Cleans Up Policing Liability Under the FTCA
Unanimously better on the law enforcement proviso and supremacy is good improvement, even with work remaining on ‘discretionary function.’
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Let’s Be Reasonable About Geofence Warrants (Part 3) – NJ v. Van Salter
A divided New Jersey Superior Court appellate panel does good work, but is (understandably) too fixated on the single suspicion standard of probable cause.
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The Reasonableness of Police Force and Supreme Court Concurrences
Kudos on unanimity regarding straightforward Fourth Amendment law… but boo to an entirely superfluous concurrence.
categories: bench and bar, cases of interest, crimprof blog, fourth amendment, jurisprudence, slider, supreme court
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Silence During Interrogation and US v. Ward
Silence can be inscrutable… but what about when it’s not?
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Let’s Be Reasonable About Geofence Warrants (Part 2) – US v. Chatrie
Eight concurrences and no majority is not getting the job done.
categories: bench and bar, cases of interest, crimprof blog, fourth amendment, jurisprudence, privacy, slider, technology
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Let’s Be Reasonable About Geofence Warrants
I appreciate the Fifth Circuit attention—and stand by that work—but a categorical ban is not reasonable.
categories: cases of interest, constitution, crimprof blog, fourth amendment, privacy, slider, technology
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On Glossip and Oklahoma Criminal Justice
What will Oklahoma do to improve, now that these ugly truths are ‘proclaimed from the rooftops’?
categories: bench and bar, cases of interest, constitution, crimprof blog, ethics, slider, supreme court
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New York (Predictably) Overcharging Luigi Mangione – Who Needs a Rule of Law?
Why can’t the prosecutor simply follow the law?
Tags: prosecutorial discretion