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A. Expectation of privacy

The 4th Amendment in the digital age

Last June in Carpenter v. United States, SCOTUS held that phone users have a 4th Amendment right to historical cell site location records. Prof. Orin Kerr has a new paper out about how to implement Carpenter. Click here.  But why stop reading there? You can also read Prof.  Alan Rozenshtein’s new paper on 4th Amendment… Read More

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State v. Jordan Bennett Micklevitz, 2018AP637-CR, District 1, 1/23/19 (not recommended for publication); case activity (including briefs) The court of appeals rejects Micklevitz’s challenges to the search of his apartment. Police went to Micklevitz’s apartment on a misdemeanor domestic violence battery “want.” Micklevitz answered the officers’ knock on his door, and police determined he matched… Read More

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State v. Johnny K. Pinder, 2018 WI 106, 11/16/18, on certification from the court of appeals; 2017AP208; case activity (including briefs) The police thought Pinder was probably the culprit in a string of burglaries, so they applied for, and got, a warrant to attach a GPS device to his car. They did not actually do… Read More

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State v. Ronald Lee Baric, 2018 WI App 63; case activity (including briefs) Police failed to read Baric his Miranda rights, but the court of appeals still found that he consented to a search of his computer. It also resolved a 4th Amendment issue of first impression for Wisconsin: a person has no reasonable expectation of… Read More

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State v. Gerald P. Mitchell, 2018 WI 84, 7/3/18, SCOTUS cert. granted, 1/11/19,  on certification from the court of appeals; 2015AP 304; case activity (including briefs) This is the supreme court’s third attempt to decide whether provisions of Wisconsin’s implied consent law comport with the Fourth Amendment. If you’ve been following along, you might have… Read More

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Collins v. Virginia, USSC No. 16-1027, 2018 WL 2402551, 5/29/18, reversing Collins v. Commonwealth, 790 S.E.2d 611 (Va. 2016); SCOTUSblog page (includes links to briefs and commentary) Police learned a stolen motorcycle that had evaded them on two occasions was likely parked at a house where Collins stayed. When they got to the house, they… Read More

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Byrd v. United States, USSC No. 16-1371, 2018 WL 2186175 (May 14, 2018), vacating United States v. Byrd, 679 Fed. Appx. 146 (3rd Cir. 2017); SCOTUSblog page (includes links to briefs and commentary) Terrence Byrd was pulled over while driving a rental car with no passengers. Officers quickly realized the rental agreement for the car… Read More

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Kerr’s latest post considers 2 recent federal district court decisions on this subject. One raises the question of whether, under the 5th Amendment, the government may compel a suspect to enter a passcode to unlock his device.  The other considers whether the government may use a passcode obtained from a suspect in violation of Miranda… Read More

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