If I get the MAGA-world case against critical race theory, it's that America is a land of equality and couldn't be systematically biased, and yet also that all major American institutions (media, big tech, deep state, universities) are systematically biased against MAGA-world.
The responses to these tweets are . . . interesting.

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More from @OrinKerr

12 Apr
There's a lot to be said about the traffic stop of Lieutenant Caron Nazario, but one of them is that it makes this 2015 blog post unfortunately relevant again:
"Sandra Bland and the 'Lawful Order’ Problem."
(Given the paywall, I'll include screenshots.)
Read 14 tweets
9 Apr
This is is my dad, a Holocaust survivor, telling one story of lucky survival in the concentration camps.

The Germans held 516 boys at one camp. They sent 10 cattle cars, designated to fit 50 people each, to Auschwitz --to be killed.

They picked 16 boys to stay. My dad was one.
Posted in commemoration of Yom HaShoah, Holocaust Remembrance Day.

For a previous thread with some context, start here:
The interview above was recorded in 1997, and none of it has ever been shown outside my family before. At some point I'm going to make a full length edited video of it to post on Youtube (it was 5+ hours long, so it needs to be shortened). But, for now, this excerpt.
Read 4 tweets
8 Apr
When a father consented to a search of his "son's account" on their jointly used computer, investigators exceeded the scope of consent when they searched the recycle bin, which included files from multiple users. Child porn found there is suppressed.
wicourts.gov/ca/opinion/Dis… #N
The forensic tool used to search the computer grouped the deleted files from all accounts in the same place, the recycle bin, without indicating from which account a particular file had originated. Acc to the court, using the tool to search that was beyond the scope of consent.
This case touches on a question that I cover in my computer crime law casebook and discuss in my class: How do you apply consent principles to computer searches when people consent in regular-user-speak but forensic analysts think in forensic-tool-speak?
Read 6 tweets
7 Apr
Many, myself included, have expressed amusement (or horror) about how splintered and long the 5th Circuit's decision is. Perhaps worth noting that at least some of that may reflect the fact that it's a facial challenge.

Thread below.
Some background: Most constitutional arguments are "as applied" challenges, in which a person will claim the government did something unconstitutional. But some challenges are "facial" challenges, in which the challenge is to the statute itself.
With "as applied" challenges, there's usually an ultimate ruling: Is the action constitutional or unconstitutional? But facial challenges can be more complicated, because the challenger may challenge several different parts of the statute, on different rationals.
Read 5 tweets
4 Apr
How does the 4th Amendment apply to the "U.S. Private Vaults" case, busting the Beverly Hills store where people could anonymously store guns and drugs (and anything else)?

A thread.

First, the alleged facts. The store hosted safe deposit boxes at a strip mall. Their selling point was total privacy: You pay big $$$, and you can store anything there and no one will know. According to prosecutors, the business was trying to entice those engaged in crimes.
The store didn't want to know who its customers were. They just wanted the very large payments in exchange for privacy. I gather this is their website, and Youtube plug:


Read 10 tweets
3 Apr
In dicta, magistrate judge concludes that govt use of a cell site simulator is a search requiring a warrant because it might be used to locate a phone in a place where there's an REP. (DDC, 3/25/21) (Faruqui, M.J)

Quick thread.

drive.google.com/file/d/1KLyaNf… #N
First, why it's dicta: The issue arose when the government applied for a warrant, so no one was trying to conduct surveillance without a warrant. (Also, I don't tend to think Article III allows a merits ruling like this now, as how the 4A applies is not yet a ripe dispute.)
On the merits, the court's conclusion that a search occurs if a search might occur -- if a tool might be used to conduct a search -- seems wrong in light of United States v. Karo, which limited but did not overturn Knotts. scholar.google.com/scholar_case?c…
Read 9 tweets

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