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Orin S. Kerr

Orin S. Kerr

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New Cert Petition on Emergency Entry: What Was the Common Law Rule?

Orin S. Kerr | 12.23.2024 6:08 PM A cert petition was recently filed at the Supreme Court in Case v. Montana on the Fourth Amendment standards for...

24.12.2024 5

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Orin S. Kerr

"Out of my peripheral I felt as if something could have taken place."

Orin S. Kerr | 12.17.2024 5:21 PM Here's some remarkable testimony from the suppression hearing in State v. Barnes , handed down yesterday by the...

18.12.2024 5

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Orin S. Kerr

Kindle Version of "The Digital Fourth Amendment" Is Now Available

Orin S. Kerr | 12.12.2024 4:03 PM I'm very pleased to say that the Kindle version of my new book, The Digital Fourth Amendment: Privacy and...

13.12.2024 5

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Orin S. Kerr

Why Do Search Warrants "Command" that Searches Occur?

Orin S. Kerr | 11.23.2024 6:32 PM If you read a lot of search warrants, you may have noticed something odd about the standard search warrant...

24.11.2024 4

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Orin S. Kerr

A Debate Over the Open Fields Doctrine and Fourth Amendment Law

Orin S. Kerr | 11.10.2024 4:30 PM I recently posted about the open fields doctrine of Fourth Amendment law, the rule that it is not a "search"...

11.11.2024 3

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Orin S. Kerr

Fourth Circuit Votes to Rehear Its Geofence Warrant Case

Orin S. Kerr | 11.1.2024 3:41 PM I've blogged a lot about the recent geofence warrant cases in the Fourth Circuit and the Fifth Circuit, which...

02.11.2024 5

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Orin S. Kerr

Terms of Service Do Not Eliminate Fourth Amendment Rights in a Google Account

Orin S. Kerr | 11.1.2024 1:57 AM As regular readers may recall, I argued in a recent article that terms of service to an Internet account have...

01.11.2024 10

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Orin S. Kerr

The Open Fields Doctrine and the Text of the Fourth Amendment

Orin S. Kerr | 10.31.2024 4:07 PM This essay in the print edition of Reason argues that courts should overturn the "open fields" doctrine of the...

01.11.2024 3

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Orin S. Kerr

DOJ Files Petition for Rehearing in the Fifth Circuit on Geofence Warrants

Orin S. Kerr | 10.24.2024 10:09 PM Back in August, I had two very long posts about the Fifth Circuit's remarkable decision in United States v....

25.10.2024 2

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Orin S. Kerr

You Can Now Pre-Order "The Digital Fourth Amendment"

Orin S. Kerr | 10.16.2024 2:49 PM I'm pleased to say that you can now pre-order my book, The Digital Fourth Amendment: Privacy and Policing in Our...

16.10.2024 1

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Orin S. Kerr

Michigan Supreme Court Grants Review in People v. Carson

Orin S. Kerr | 9.25.2024 1:32 PM Back in March, I had a long post here, Yes, Warrants Allow A Search Through the Whole Phone, criticizing a...

25.09.2024 1

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Orin S. Kerr

Stephen Vladeck Replies to Judge Reed O'Connor on Forum Selection and Judge-Shopping

Orin S. Kerr | 9.25.2024 5:32 AM A few days ago, my co-blogger Josh Blackman posted some very interesting remarks about forum selection and judge-...

25.09.2024 3

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Orin S. Kerr

The ACLU's Response to My Post on the Fifth Circuit's Smith Ruling—And My Reply to the ACLU

Orin S. Kerr | 8.16.2024 4:30 AM I recently posted a long critique of the Fifth Circuit's ruling last week in United States v. Jamarr Smith , and...

16.08.2024 3

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Orin S. Kerr

A Ruling That Eliminates Important Privacy Rights in Many Stored Internet Contents—And The Legal Challenge to It

Orin S. Kerr | 8.14.2024 4:06 PM 18 U.S.C. § 2702, part of the Stored Communications Act, is one of those laws that you rely on every day but you...

14.08.2024 3

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Orin S. Kerr

Fifth Circuit Shuts Down Geofence Warrants—And Maybe A Lot More

Orin S. Kerr | 8.13.2024 5:28 AM Once in a while there is a court ruling on the Fourth Amendment that just makes my jaw drop.  The Fifth Circuit...

13.08.2024 10

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Orin S. Kerr

The Precedential Value of Robinson, a Reply to Josh

Orin S. Kerr | 8.9.2024 6:02 PM Like a lot of people, I think that the Supreme Court's ruling in Robinson v. California (1962) is a mess.  It's a...

10.08.2024 3

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Orin S. Kerr

"Time to Retire the Notion of Judicial Courage," Reprise

Orin S. Kerr | 7.29.2024 4:10 PM I share Sam's and Will's basic reaction to Josh's post about the "backbone" of Supreme Court Justices, and I...

30.07.2024 2

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Orin S. Kerr

The Populist GOP and its Yale Law and Harvard Law Leaders

Orin S. Kerr | 7.18.2024 3:44 AM The nomination of J.D. Vance as the Republican party's Vice-Presidential candidate in the upcoming election brings...

18.07.2024 2

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Orin S. Kerr