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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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On ICE Shootings and Supremacy Clause Immunity
As for the killing of 37-year-old Renee Good in Minneapolis, there looks to be neither such immunity nor self-defense.
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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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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
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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Bar Journals Censoring Criticism of State Judges
Do bar journals outside of Oklahoma similarly engage in viewpoint discrimination?
categories: bench and bar, constitution, crimprof blog, ethics, first amendment, scholarship, slider
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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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On State Search and Seizure
Several posts concerning state constitutional law of search and seizure.