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Orin Kerr @OrinKerr
, 3 tweets, 1 min read Read on Twitter
Is clicking a garage door opener to see which building it is associated with a search? And if so, is it a search of the garage or the opener? And if it's a search, does it requires warrant? Not sure this CA7 case is right, but interesting questions. media.ca7.uscourts.gov/cgi-bin/rssExe…
BTW, of you're interested in the developing field of Remote Door Opener Jurisprudence, there are a bunch of these cases, and they're kind of a mess.
Note that the developing field of Remote Opener Jurisprudence is a modern technological version of the Insert-A-Physical-Key-Into-a-Door Jurisprudence that plagued courts in the past.
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4th Circuit: Suspect in custody doesn't have to wait until Miranda rights are read for his assertion of the right to remain silent to have full effect (requiring officers to stop the interrogation, or in this case never to start it). ca4.uscourts.gov/opinions/17423…
As I understand the court's opinion, you can assert your Miranda right as soon as you are in custody, but you don't have to wait until you are given warnings or questioned. (This is a question that students often ask about, so good to have a case to cite to them.)
Also interesting that the 4th Circuit has a five-factor test for when an officer's post-invocation conduct sufficiently honors the assertion of the right. (For those who don't know, "five factor test" mostly means "no test at all"). CA4 right to cabin that inquiry more here.
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I saw the WWI documentary "They Shall Not Grow Old" today. Really enjoyed it. It tells the story of the typical British soldier on the western front in a remarkable way that really brings it to life. (Short thread.)
It's the visual restoration of the footage that draws you in. And indeed, it's remarkable. Brings the people to life. But it's really in aid of the telling of the story, not the focus.
The narrative consists of recordings of veterans of WWI, recorded in the 50s and 60s, telling the story of their wartime experience. They are heard, never seen, while the original footage is shown. There is no narrator, and no onscreen text to introduce themes or battles.
Read 7 tweets
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Here's an interesting example of how courts don't pay enough attention to 4th Amendment cross-enforcement issues: The 3rd Circuit's recent opinion in US v. Osorio, decided 12/20/18. Thread below . . . . www2.ca3.uscourts.gov/opinarch/17313…
Relevant issue in the case: Could municipal officers in Pennsylvania make an arrest on a federal probation warrant? Court says yes, b/c "municipal officers are authorized to execute federal arrest warrants," citing a CA2 and a CA5 case.
But if you look at the two cases, they're precedents saying that *state law* governed whether state officers could execute federal warrants -- based on a reading of US v DiRe and US v. Marsh. In the two states at issue , NY and Florida, state law okay'ed executing fed warrants.
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happy almost magfest day!!! i have gotten 4 total hours of sleep in the pas t48 hours and im on a train for awhile so im gonna livetweet LISTENING TO @ChiptunesWIN VOL.7 for the first time THATS RIGHT! FIRST!! SAVED IT FOR THE SPECIAL OCCASION i am so tired someone pls hear my c
up first we got PROTO FLOAM this better be good i have Hella Expectations from this dude

AAAAAAA THESE FUCKIN SAMPLES

SO GOOD

THE ORCHESTRA HIT YOSHI-Y THING TOP NOTCH MMMM
jesus what thr fuck

what thr fuck even

nonstop barrage of harmonies and wild fuckin bass and pitchy chippy shit

this is blwoin my fuckin mind and also probably other parts of me if u know wjat i mena
Read 150 tweets
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(Thread) What’s up with all Trump's lawbreaking?

Spoiler: When you understand how the Trump family became wealthy, the meaning of MAGA becomes clear.

I’ll explain. Sources in links and👇(well researched books)

Friedrich, DJT’s grandfather, left Germany in 1885. . .
1/ He came to the US in search of opportunity (and to avoid military service).

He went west and figured out that “mining the miners” was more lucrative than mining for gold.

He ran taverns and brothels.

After earning a small fortune, he got married, and settled in Queens, NY.
2/He had a premonition that Queens (then rural and sparsely populated) would see a building boom, so he bought a few choice pieces of real estate. He died before he could build a real estate empire.

Fred Trump, DJT’s father, made a large fortune when he figured out how to cheat.
Read 20 tweets
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tangential to my long-winded complaining about other hobbies I don't actually want to spend time on: i don't want to program videogames. i've complained about this countless times but as i said earlier, I lose interest "involuntarily" but also because it's 300 hours of work
yeah the tools suck shit. yeah they should be better. i'm also unwilling to spend weeks not talking to my girlfriend or watching youtube videos or cooking dinner because i'm busy writing routines to make a door animation play
it's too much time and I don't want to do it. The tools I realize I want are not better programming tools. Those would help many people, but not me. What I want is RPG Maker But Other Genres.
Read 47 tweets
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7th Cir.: Although it is "close to the edge," the 4th Am. does not prohibit DEA agents from driving around Chicago clicking the button on a garage door opener they have seized to figure out which door it would open.
7th Cir. said that driving around clicking the garage-door opener is a 4th Am. search, but it was a reasonable one because it "produced only an address, not any meaningful private information about the interior or contents of the garage."
But the court says this might come out differently if the feds used a clicker to open a private garage and found something incriminating.
Read 5 tweets
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You guys: Roger Stone thinks I suck.

😢

Even worse, he's not threatening to sue me this time.
Here's the post that made Roger Stone so cross.

emptywheel.net/2018/09/05/rog…
Also, if Roger Stone calls me a #See You Next Tuesday can I call him a rat-fucker on TV?
Read 3 tweets

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