Orin Kerr

And that raises the inevitable discovery issue, which the judges may have been unsure of whether they could reach.

Come for our deep dive into the Don Lemon indictment and stay for our companion piece about the deeply weird process that led up to it!
www.lawfaremedia.org/article/when...

Years ago, soon after I had moved to a new neighborhood, an elderly neighbor had passed and her surviving relatives had put several old books in a box by the street to be recycled. I found this very tiny book of poems in the box, and I loved the inscription. I have kept it ever since.

This should be good.

Sign up: stanford.zoom.us/webinar/regi...

As I say on the podcast, I am a simple country Fourth Amendment lawyer compared to the two of them, but I thought our mix of theory and focus on discreet cases made for a particularly interesting conversation (and Jonathan and Jud are just always fantastic).

I really enjoyed this podcast conversation about originalism in the lower courts, with experts on originalism @jgienapp.bsky.social and Jud Campbell. Thanks to the Short Circuit crowd for having us.

Title 52, United States Code, Section 20701 requires election officers to retain election records for 22 months following an election for a federal office. The statute’s retention requirement applies to “all records and papers which come into his possession relating to any … act requisite to voting in such election.” Violation of this statute is a misdemeanor.

Any officer of election or custodian who willfully fails to comply with this section shall be fined not more than $1,000 or imprisoned not more than one year, or both.

Just noticing that the Fulton Co election records search warrant affidavit entirely omits the mental state (“willfully”) required to commit the 1st of the 2 crimes cited. The FBI agent makes it sound like a strict liability crime, which it's not. (Sorry if this has already been widely reported.)

At the time, they were the Miles quintet together, but I take it Herbie was the star at that point: He had a huge hit with Watermelon Man in 1963.

Yes, I'll be writing a lot about it, I suspect.

The complication, I think, is that the driver had a suspended license. So you don't have the situation in Rodriguez in which the stop ends and the driver drives off. The timing of that is somewhat tricky, I think. (I gather you think it's easy, which is fine.)

CA3 rejects 1A challenge to NJ law that limits sharing of computer code used to make ghosts guns, per Krause. Splitting w/ other circuits: 1A regulates only expressive uses of code, and plaintiffs failed to plead sufficient facts relevant to expressive use.
www2.ca3.uscourts.gov/opinarch/233...

This wasn't an obvious case, and I can see why it took a while. But yikes, look at that.

Yep.

Should last about an hour.

United States v. Chatrie, the geofence warrant case, is now scheduled for oral argument on Monday, April 27th.
www.supremecourt.gov/docket/docke...

Apologies if I'm missing something, but I thought the 6th Circuit had 16 active judges, with three (Ritz, Moore, Griffin) on the panel.

GOP-nominated judges split 8 yes on rehearing 2 no, Democratic judges voted 0 yes, all 6 no.

Sorry, working link for the denial en banc.
www.opn.ca6.uscourts.gov/opinions.pdf...

Panel opinion is here:
cases.justia.com/federal/appe...

Sixth Circuit denies rehearing en banc 8-8 in excessive force case, over the dissents of 8 of the 10 GOP-nominated judges. (Sutton and Kethledge did not join them.)
opn.ca6.uscourts.gov/opinions.pdf...

YouTube video by Herbie Hancock - Topic Maiden Voyage (Remastered 1999/Rudy Van Gelder Edition)

The title track from Herbie Hancock's "Maiden Voyage" is just magnificent from the 1st note to the last. And although it was recorded 61 years ago, three of the five musicians are still playing today: Herbie Hancock, Ron Carter, and George Coleman.
www.youtube.com/watch?v=EWC5...

I read a lot of 8th Circuit decisions involving traffic stops, and suppression is a real rarity.

Narcotics cop makes pretextual stop for tinted windows. Driver has a suspended license. Instead of writing ticket or calling for tow, cop waits 20 min for drug-sniffing dog, which alerts.

8th Circuit: Drugs suppressed, this was prolonged delay under Rodriguez.
ecf.ca8.uscourts.gov/opndir/26/02...

Classic.

A story in three acts (read from the bottom).

I'm delighted that the Harvard Law Review has published a book review of "The Digital Fourth Amendment." The review, by @granick.bsky.social, is here.
harvardlawreview.org/print/vol-13...

This creates a practical way out of a theory, in that no one pays much attention when a Justice with one set of theoretical commitments joins opinions based on different commitments reaching results that may be difficult or impossible to justify based on the joining Justice's professed theory. /2

One reason I'm skeptical of grand theories of constitutional interpretation is that Supreme Court Justices do not write opinions in most cases. They usually join the opinions of others. /1

fbi-washington-post-lockdown-mode

Referenced doc is here: www.documentcloud.org/documents/26...

FBI Couldn’t Get into WaPo Reporter’s iPhone Because It Had Lockdown Mode Enabled." 404media.co/fbi-couldnt-...