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Orin Kerr @OrinKerr
, 11 tweets, 3 min read Read on Twitter
I love it when the local police hand out Fourth Amendment violations.
Btw, I used this fact pattern in a recent criminal procedure exam.
I'll give the full problem, for those interested. Here's part 1.
Part 2.
And part 3 of 3. The call of the question was to analyze how a court should rule on the emotion to suppress.
A bunch of people have asked for the answers, so I am going to reprint what I wrote up in the answer guide I hand out to students. (My crim pro students get written explanations of all past essay exams I have given.) I'll do this over a few tweets. #1:
#2
#3
#4
#5
Oops, put #6 in the wrong place, it's here.
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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.
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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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there are plenty of rumors that spread around about park chanyeol, but no one really knows the supermodel that well. not as well as baekhyun does.

although he's merely a guy who drives chanyeol around to wherever he needs to go, he's the only one who knows how chanyeol truly is.
baekhyun is the only one who knows what chanyeol truly likes.

the jokes that make him laugh, the alcoholic drinks that would make him fall asleep in the car.

the songs that he prefers to listen to while he holds onto his girlfriend's hand in the backseat as baekhyun drives.
there are vile rumors that say he's an arrogant, manipulative model who lied his way into the modelling industry.

though, to him, chanyeol is kind to everyone.

there are fake rumors that spread with the intention to bring his career down.

an alleged child, a cheating scandal.
Read 288 tweets
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(1) #Earthquake near #Anchorage, Alaska in the last hour.

Moderately deep & strong, expect some damage, but loss of life unlikely. Magnitude is usually downgraded from initial level.

Best info source:

earthquake.usgs.gov/earthquakes/ev…
(3) Some photos from around Anchorage that I've seen on Twitter. In New Zealand we have an earthquake of this type about once or twice a year. It is scary, but thankfully little damage is done.

#DropCoverHold is the best advice. More: ready.gov/earthquake
(4) If you feel an earthquake when you're on a beach or within a few miles of the coast, be aware of #tsunami risk.

"If it's long or strong, get gone." There is no time for warning sirens or messages.

If you don't feel it, that means any tsunami is hours away. You have time.
Read 36 tweets
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001/ [article content in this tweet series 001-180 reproduced with permission from Martin Howe QC of Lawyers for Britain @lawyers4britain]
#quote "Leaving the EU on WTO terms: pulling down the barriers to world trade
Introduction: why prices will FALL after Brexit, not rise" /002
002/ #quote "Over the past couple of weeks, the media have been full of lurid scare stories about what will happen if the UK leaves the EU on WTO terms, because negotiations with the EU do not result in a withdrawal agreement." /003
#tariffs #NoDeal #Brexit #WTO #ProjectFear #shortages #food #medicines
003/ #quote "One of the most ridiculous and UNJUSTIFIED of these absurd scare stories is that it will lead to higher prices, and even shortages, of foods and medicines." /004
Read 180 tweets
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THE WATCHMAN

[...] "The watchman’s task has always been a thankless one.
"There are treacherous fifth column elements, who are really working for the #defeat of the #nation, at the hands of its enemies.
"These subversive elements readily gain and hold the #public’s ear, because they soothingly tell the people what they want to hear. Go back to sleep, no danger can come, and there is nothing you can do.
Read 134 tweets
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A little Seth Rich Thread for your Sunday Afternoon, just some thoughts and facts in this Investigation... Let's look into Brad Bauman, Rod Wheeler, Detective Joey DellaCamera, and what we know is being said. #AmericaFirstMedia #SethRich #HisNameWasSethRich
In April of 2017, Detective Joey DellaCamera met in Private Investigator Rod Wheelers Maryland Office. DellaCamera made some very interesting statements that contradict what was said in an Audio Interview by DNC Crisis Fixer Brad Bauman. Who now speaks for the Rich Family.
“My investigation up to this point shows there was some degree of email exchange between Seth Rich and Wikileaks,” “I do believe that the answers to who murdered Seth Rich sits on his computer on a shelf at the DC police or FBI headquarters.” -Rod Wheeler
Read 115 tweets

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