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Orin Kerr @OrinKerr
, 3 tweets, 1 min read Read on Twitter
This new opinion from Judge Wilkinson of the CA4 is formally about whether a trash pull finding drugs creates prob cause to find more drugs inside (here, no), but at times seems to hint that there is a requirement beyond mere PC to search a home for drugs. ca4.uscourts.gov/opinions/17478…
I assume the opinion formally should be read as just suggesting that courts should be extra skeptical about trash pulls as the basis for PC, but at times the opinion seems to veer into the idea that searching a home is so invasive that a mere trash pull shouldn't be enough. /1
Which may also reflect a changing societal attitude toward marijuana possession, as many states legalize it. Or it may reflect the broader screw-ups in this case beyond that of PC to search for marijuana. /2
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