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Orin Kerr Profile picture
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Dec 7 • 4 tweets • 2 min read
When a person consents to a computer search, the government creates an image copy of the computer to search, and the person withdraws consent before the image is searched, the image can't be searched based on consent, Md. Ct. Special Appeals holds.
🧵courts.state.md.us/data/opinions/… #N
I had a short thread on this then-pending case, and the legal it raised, back in June.
I wrote in 2015 in favor of the same result the Maryland court reached, here.
washingtonpost.com/news/volokh-co…
It's unfortunate the Court didn't discuss Sharp and Megahed, the two federal trial court cases on this issue that cut the other way, and explain its disagreement. The new case is perhaps a bit underreasoned. Correct result, in my view, though. /end

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More from @OrinKerr

Orin Kerr Profile picture
Dec 4
Critics of the third-party doctrine often claim the rule was invented in the 1970s. But that's just wrong. The doctrine was adopted by the very first Supreme Court case on the 4th Amendment—in 1878.

Thread.
ij.org/issues/ijs-pro… Image
The first significant Supreme Court case on the 4th Amendment is usually thought to be Ex Parte Jackson, 96 U.S. 727 (1878).
tile.loc.gov/storage-servic… Image
Jackson was a habeas case filed by a guy who had been convicted of violating a federal criminal law, as amended in 1876, that prohibited sending lottery materials through the postal mail. Image
Read 22 tweets
Orin Kerr Profile picture
Dec 4
Pretend fraud justifies terminating all law, says current front-runner for GOP Presidential nomination. (And you know it only keeps going downhill from here; as always, there is no bottom.)
But hey, he sure is a fighter
Alt headline: “Man who totally accidentally hangs out with fans of Hitler calls for another Reichstag Fire Decree”
Read 4 tweets
Orin Kerr Profile picture
Dec 1
Excellent opinion from the 11th Circuit, ordering Judge Cannon to dismiss the case Trump brought because she never had the power to get involved in the first place. Excerpts below.
media.ca11.uscourts.gov/opinions/pub/f… Image
Image
Image
Read 6 tweets
Orin Kerr Profile picture
Nov 30
Lots of new 4A caselaw in lower cts scrutinizing traffic stops length under Rodriguez—scrutiny often aided by police cameras—& this CA11 op by Branch is a good example. Held: no QI, on to jury, on whether getting out of car 4 dog sniff was beyond stop.
media.ca11.uscourts.gov/opinions/pub/f… #N
For the 3 or 4 nerds following this closely, am I right the Court takes the issue as being whether the non-mission conduct occurred after when the mission stop did or should have completed, not, as at least some courts appear to me to have concluded...
...whether there was some amount of non-mission stop conduct? Here's the Idaho Supreme Court adopting the latter view in State v. Linze:
caselaw.findlaw.com/id-supreme-cou…
Read 7 tweets
Orin Kerr Profile picture
Nov 28
Niche tweet, but reading Virginia v. Moore always makes me really mad. Such an ignorant misreading of the history and the caselaw, with Scalia scoffing all the way. And it was unanimous! (To see why the history was all wrong, see here starting at p500 harvardlawreview.org/wp-content/upl…)
Longtime VC readers may remember that I blogged the actual history at length in the run-up to the argument. Good times. volokh.com/posts/11999226…
Sorry, I should have said it was unanimous as to result. To her credit, RBG did briefly take issue with the majority's history in her concurrence in the judgment.
Read 4 tweets
Orin Kerr Profile picture
Nov 27
I've heard 2nd hand anecdotes of law review article selection processes explicitly considering author identity, in the sense of noting an author's school/career stage, and how an acceptance might help them. Curious if this is common or rare. Any recent editors want to weigh in?
To clarify, I’m not talking about efforts to improve the law review, get the best articles, get more cites, etc. Rather, I’m talking about trying to help authors who the editors would like to help, for whatever reason, with a publication offer.
From this and private responses, I gather there is a somewhat widespread practice, at least at a number of the top journals, to consider race/gender diversity, career stage, and whether the scholar may be underplaced at their current institution as part of the decisionmaking.
Read 7 tweets

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