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Orin Kerr

@OrinKerr

Oct 27

This is going to be reversed by the CA2, as the law all goes the other way, but Judge Korman holds that executing a warrant at 6am, with guns drawn, after waiting 30 seconds after announcing, is "revolting," violates the 4A, and requires suppression. drive.google.com/file/d/1xLFoy4… #N

Korman ends up coming up with a way that only part of the evidence is suppressed. (Is that to complicate certification under 18 USC 3731? So that there's a plea? Not sure. Maybe I am being too cynical, but this opinion is really something.)

But hey, Roger Stone was sixty-six.

Read 4 tweets

Orin Kerr

@OrinKerr

Oct 26

TIRE-CHALKING JURISPRUDENCE UPDATE: CA9 rules 2-1 that tire chalking does not violate the 4A. Assuming it's a search, it falls within the special needs/administrative search exception. (Per Bress, w/ Bumatay dissenting). #N

🛞✏️🧵

cdn.ca9.uscourts.gov/datastore/opin… #N

twitter.com/search?q=tire-…

First, a reminder: This twitter feed is dedicated to satisfying all of your tire-chalking jurisprudence needs. For prior tweets on the latest in tire-chalking and the 4th Amendment, see here: twitter.com/search?q=tire-…

Ok, on to the opinion. The CA9 argues that, even if tire-chalking is a search, it's okay under the special needs/admin search doctrine. A few key sections:

Read 8 tweets

Orin Kerr

@OrinKerr

Oct 25

The odds that any culture wars dispute will evolve into claims about different understandings of the facts, with at least one side claiming complete outrage that the other side holds its view even though they obviously know their claims of the facts are false, are quite high.

@ishapiro

There are so many examples that it’s hard to choose, but earlier today I was reading Judge Ho’s essay on the Yale ban, and it has this passage about @ishapiro that seems as good an example as any.

Ilya’s tweets were read dramatically differently on the two sides. As interpreted by one side, he was saying race is irrelevant; as interpreted by the other, he was saying race is everything. Neither side thought the other side genuinely believed its interpretation.

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Orin Kerr

@OrinKerr

Oct 22

@WilliamBaude

For the law nerds only—or at least @WilliamBaude and @mollyxbrady, who may be the only ones to find this interesting—I'm charmed by this decision, US v. Gilliam, 1 Hay. & Haz. 109 (DC 1882). Spring guns, and curtilage, together!
drive.google.com/file/d/1ZlaZOE…

Gilliam set a spring gun in his goose house. (A goose house in DC? Well it was the 1880s.) Payne came along one night and entered into the goose house, presumably to take some of Gilliam's geese. And he is shot by the spring gun, & dies. Gilliam is charged with Payne's murder.

Gilliam wants to claim self-defense. But he can only claim self-defense if Payne had entered his house. He can say he was trying to protect his house, but he can't say he was trying to protect his geese, or his farm. The question is, what's the house?

Read 6 tweets

Orin Kerr

@OrinKerr

Oct 22

I don't bet on sports. But if I did, I would strive to place bets with a strong Fourth Amendment history, like "I have Northwestern minus 7" and "Oregon plus 3."

For those wondering, these were the examples in the record of the bets placed by Katz, of Katz v United States, inside the phone booth, that were picked up by the government’s microphone, leading to his conviction for illegal interstate betting.

Also, for those thinking these were bad bets, they weren’t his bets. Katz took bets from others and called them in, in exchange for a fee, apparently 10%. He had to place his bets interstate, he claimed, because local bookies wouldn’t pay our winnings.

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Orin Kerr

@OrinKerr

Oct 21

Question for law profs: Does your school offer guidance/software for how to best combine scores for parts of exams graded in different ways, like essays vs. multiple choice? If not, what's your way to do it?

For example, say you have a set of raw scores for an essay section that is X% of the grade and a set of raw scores for an MC section worth (100-x)%. There are diff ways to come up with overall scores 4 a final grade. Curious if your school has software/guidance, or what you do.

FWIW, I have taught at 5 schools, and 4 just left it up to each professor—there was no guidance, software, or anything. On the other hand, one school had a mandatory system for calculating; you sent in the raw scores of the two sections, they gave you back the overall scores.

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