Orin Kerr

It's not clear where we are. The Fifth Circuit has said those warrants are categorically unconstitutional because Google's database is too large to query, so it's an area of a lot of uncertainty. Stay tuned! :)

Google created their own warrant requirement and then created extra hoops beyond a warrant that the United States government was required to follow. From a civil libertarian perspective, that seems hard to criticize (although I realize the petition tries to make it seem different).

Yeah, I don't think any warrant was needed in the first place, either.

Making the best of a tough situation cert-wise, it seems to me.

Cert petition filed at the Supreme Court from the 4th Circuit's geofence warrant case, United States v. Chatrie.
. supremecourt.gov/DocketPDF/25...

"In addressing Moore’s selective-enforcement claim, the district court should have remained focused on whether Moore was stopped on December 5, 2020, because he was Black. The court, however, [acted] out of a more general concern about discriminatory law enforcement in Richmond . . . "

District court dismisses indictment on Equal Protection grounds, concluding that expert witnesses' statistics & history of traffic stops in Richmond show defendant was stopped b/c he is Black.

CA4: The stats don't show that, though, nor does the history. Reversed.
www.govinfo.gov/content/pkg/...

I don't know. @primuseve.bsky.social or @erinmurphyslaw.bsky.social, any ideas?

Here are the first three pages of my new draft article, which I have started circulate to law reviews: "The Moving Property Problem in Fourth Amendment Law."

I plan to post the whole thing on SSRN in coming weeks. But for now, these are the first few pages.

I’d be interested in knowing more about that. I’m not sure if that’s true.

By answer you mean "what you think the Supreme Court should do in this area"?

As for the historical answer, it's hard to say. I'm not sure I have seen anything suggesting that anyone in the 18th century thought a temporary stop was something that required a warrant.

Prosecution: Cops had reasonable suspicion to stop man because he reacted with furtive movements when he saw police.

District Court (D.D.C.): He was reacting to a blinding light, which is normal, and there's no reason to think he knew they were cops.
Suppressed. drive.google.com/file/d/1y_qd...

Petitioner's merits brief filed in Case v. Montana, the Supreme Court's first real Fourth Amendment case in several years, on the standard for warrantless entry to a home for purposes of rendering emergency aid. supremecourt.gov/DocketPDF/24...

Thanks Orin! Lots of details here for those interested: bsky.app/profile/free...

Advanced Oral Argument Search – CourtListener.com Create alerts, search for and browse the latest case law, PACER documents, judges, and oral arguments. Updated automatically with the latest court documents. An initiative of Free Law Project.

New from the good folks at @free.law: Free searchable transcripts of oral arguments! Very cool.

www.courtlistener.com/audio/

First Circuit rules that trial judge's factual finding was clearly erroneous that officers had impounded car and done inventory solely for investigatory reasons. The motives here were clearly mixed from the record, so no 4A violation, per Rikelman.
storage.courtlistener.com/pdf/2025/07/...

Oral argument audio is here:
www.ca1.uscourts.gov/sites/ca1/fi...

Oral argument in the 1st Circuit on whether requiring lobstermen to install GPS devices violates the 4th Amendment appears to go well for the state.
courthousenews.com/first-circui...

Comments to the article tend to say that the tech workers coming to the city are the wrong kind of people, and that they would prefer quirky artists, which is a very San Francisco reaction.

"AI intensifies battle for talent, housing and investments in San Francisco," WaPo reports.

Gift link: wapo.st/4fekr7M

State police seize suspect's computer w/a state warrant but charges are dismissed. Feds then get federal warrant to search the seized computer for the same evidence as state charges. CA4: The delay in getting the fed warrant doesn't violate the 4A. storage.courtlistener.com/pdf/2025/07/...

The first Justice Harlan golfing, circa 1901, via the Supreme Court's website.

YouTube video by Milt Jackson - Topic Wonder Why

Milt Jackson, "Wonder Why," with Horace Silver (p), Percy Heath (b), and Connie Kay (d), recorded May 20, 1955.
www.youtube.com/watch?v=8I8E...

The book plate from the page prior.

Inscription that appears in the scanned copy of Joseph Story's Commentaries on the Constitution of the United States (1833) found on Google Books.
google.com/books/editio...

That would sound like an article on the automobile exception, though.

The Wisconsin Supreme Court will be hearing cases later this year on whether terms of service can eliminate Fourth Amendment rights in the contents of Internet accounts. Here's my article on this topic from last year, in which I argue the answer is "no."
papers.ssrn.com/sol3/papers....

Anne Joseph O'Connell on the New Jersey U.S. Attorney Matter And the larger tangled state of the law of appointments and vacancies

Self-recommending, as @williambaude.bsky.social would say: Jack Goldsmith interviews @ajosephoconnell.bsky.social on the New Jersey U.S. Attorney situation.
executivefunctions.substack.com/p/anne-josep...

Cool, will tweet out the podcast when it's posted.

Alina Habba Is Named Acting U.S. Attorney in New Jersey

Looks like there's more to write about, Anne! :)

www.nytimes.com/2025/07/24/n...