Profile picture
Orin Kerr @OrinKerr
, 3 tweets, 1 min read Read on Twitter
Today's 4th Amendment question: If an app keeps detailed location info b/c the phone user allowed the app to always access the phone's location, does the government need a warrant for the info under Carpenter? (Does granting permission change things?) nytimes.com/interactive/20…
Recall this paragraph from Carpenter on why the third-party doctrine didn't apply: CSLI is inescapable and can't be turned off, so it's not really "voluntary" to give CSLI to cell phone provider. But what if you voluntarily share your location with an app?
(To be clear, this seems unlikely to come up much IRL, for a range of reasons. Still, it's an interesting question.)
Missing some Tweet in this thread?
You can try to force a refresh.

Like this thread? Get email updates or save it to PDF!

Subscribe to Orin Kerr
Profile picture

Get real-time email alerts when new unrolls are available from this author!

This content may be removed anytime!

Twitter may remove this content at anytime, convert it as a PDF, save and print for later use!

Try unrolling a thread yourself!

how to unroll video

1) Follow Thread Reader App on Twitter so you can easily mention us!

2) Go to a Twitter thread (series of Tweets by the same owner) and mention us with a keyword "unroll" @threadreaderapp unroll

You can practice here first or read more on our help page!

More from @OrinKerr see all

Profile picture
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.
Read 3 tweets
Profile picture
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
Profile picture
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.
Read 5 tweets

Related threads

Profile picture
🌻Sunflower🌻

Meadows & Jordan introduce a resolution calling for the impeachment of DAG Rosenstei

Trump must face Emoluments suit re DC hotel profits.

“Emoluments” could apply to 45 that cd cover any bus trans w/ foreign gov’t where 45 derived a “profit, gain or advantage.”
🌻Sunflower2🌻

Blumenthal: “Secretary Pompeo (Sunflower)is flippant, even belligerent, in evading & interrupting my colleagues’ questions. It has been 9 days since the Helsinki Summit & still no answers.”

Did Trump propose paying ‘cash’ for Karen McDougal’s story?
🌻Sunflower3🌻

Emoluments lawsuit against Trump includes profits from private trans, even those involving services given or traded at fair market value.

BBC to Sean Spicer: "You have corrupted discourse for the entire world by going along with these lies
Spicy’s sad legacy
Read 66 tweets
Profile picture
. #ShariaNo #Sharia
1. Hilo sobre el extrañísimo combo Sharia, Feminismo, Diversidad Sexual y Derechos Humanos:

⬇️

2.
Read 508 tweets
Profile picture
Cú Chulainn is believed to be an incarnation of the god #Lugh, who is also his father! His mother is the mortal Deichtine, sister of Conchobar mac Nessa, the King of #Ulster who ruled from #NavanFort near #Armagh. #CúChulainn #Irishmyths #Irishlegends #FolkloreThursday
Born Sétanta, Cú Chulainn gained his name as a child, after killing Culann's fierce guard-dog in self-defence & offered to take its place until a replacement could be reared! Used a standing stone or by driving a sliotar down its throat with his hurley! #FolkloreThursday
Cathbad the druid announced one day that anyone who drew arms would have everlasting fame! So Cú Chulainn only 7 years old, asked for arms! But Cathbad grieved because he had not finished his prophecy-the warrior who took arms that day would have a short life! #FolkloreThursday
Read 30 tweets
Profile picture
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
Profile picture
#b Excellence is overrated, competence is underrated.
Competence is knowing what to do in a situation and how to do it. It is not the same as excellence.
Excellence is dependent on other people, like judges, examiners, teachers, assessors, inspectors, auditors. But we can't control these people and whether they think we're excellent or not.
Read 12 tweets
Profile picture
So, the Comey FBI dropped surveillance of Omar Mateen (Pulse Night Club shooter) even though there was evidence he was a danger, but used a bogus dossier to obtain a FISA warrant to spy on Trump campaign & transition members.
So, the terrorist that was a danger among us was given a pass by Comey's FBI, but Carter Page, who doesn't exactly come off as an intelligent Russian spy, has FBI assets trained on him as if he were about to bring down the entire country in a nanosecond. Not much logic there.
IF Carter Page was such an imminent danger to the country then the FBI never should have allowed him near a presidential candidate under secret service protection. Evidence was so flimsy against Page that FISA court wouldn't grant the warrant without the dirty dossier.
Read 17 tweets

Trending hashtags

#WildAtlanticWay #FIFA #lie #IRA #Europe #Russia #violation #Communism #Migrantes #Cuban #steal #Leviticus #Texas #Vulgarisation #CW #merchant #Austria #WCC #AbusoInfantil #bioinformatique #Bonn #honest #organization #communists #sujetComplique

Did Thread Reader help you today?

Support us! We are indie developers!

This site is made by just three indie developers on a laptop doing marketing, support and development! Read more about the story.

Become a Premium Member and get exclusive features!

Premium member ($30.00/year)

Too expensive? Make a small donation by buying us coffee ($5) or help with server cost ($10)

Donate via Paypal Become our Patreon

Thank you for your support!