NEW: Here, finally, is my new draft article on the Supreme Court's Chatrie decision. I think the ruling is tremendously important to Fourth Amendment law—and here's why. papers.ssrn.com/sol3/papers....

I'm going to be posting my new draft article on Chatrie tomorrow and submitting the draft to law reviews. (It still needs some footnotes, but I'm going to post as is—I'd rather not miss the law review window, and when you don't use AI or have RAs, the summer window is tricky.)

Significant CFAA ruling from the CA9 in Amazon v. Perplexity today. More on this soon, but here’s the link. cdn.ca9.uscourts.gov/datastore/op...

"The greatest bore in the world is a lawyer who tells you about his cases when you want to tell him about yours." —lawyer joke told to Dean Acheson by a senior partner when he was a young attorney.

Chick Corea, "Sometime Ago — La Fiesta," from Return to Forever (1972), w/ Corea on electric piano, Joe Farrell on flute and soprano sax, Stanley Clarke on bass, Airto Moreira on drums, Flora Purim vocals. Long, but so so good. www.youtube.com/watch?v=U8nc...

Sometime Ago / La Fiesta

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"‘The Boss Wants This Money’: Inside Trump’s Unprecedented Fundraising Operation," via the WSJ. Gift link: www.wsj.com/politics/pol...

Cop pulls over driver going wrong way down 1-way street. Car smells of burnt marijuana & there's a burnt blunt in the ashtray. Car is searched. Defendant: You couldn't search the car, marijuana is legal now! Court: But driving high isn't, search was ok. www.supremecourt.ohio.gov/rod/docs/pdf...

"Free Should Be the Strong Default Setting for Academics’ Substacks and Other Online Work," an interesting post from Paul Horwitz over at Prawfs. Long post, but the basic idea is in the screenshot. prawfsblawg.com/free-should-...

Courts sometimes puzzle over the remedy for failure to hold a prompt probable cause hearing after a warrantless arrest. Today, the Michigan SCT says it includes suppression of statements made after the hearing should have been held. www.courts.michigan.gov/4a24a5/sitea...

I'm a few days away from posting my draft article on Chatrie, but in the meantime here's a CA11 oral argument from yesterday trying to figure out how Chatrie applies to querying Automated License Plate Reader (ALPR) systems. www.courtlistener.com/audio/105876...

Oral Argument for United States v. Robert Slaybaugh – CourtListener.com

Oral Argument for United States v. Robert Slaybaugh

courtlistener.com

Sam Rivers, "Beatrice," from Fuchsia Swing Song (recorded in 1964), with Rivers on tenor, Jaki Byard on piano, Ron Carter on bass, and Tony Williams on drums. www.youtube.com/watch?v=J2ln...

Beatrice

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Assuming that stopping someone based solely on their race could be an egregious violation of the 4th Amend, making suppression of ID information possible in immigration removal proceedings, this stop was based on littering, so no relief here, per CA6. www.opn.ca6.uscourts.gov/opinions.pdf...

I'm planning to post my draft article on Chatrie in a few days. This may be weird, but so far I've intentionally not read others' writing on the case to make sure that what I say is my own take, not someone else's—either to borrow from, or to react against. But more soon.

I was a guest on "Advisory Opinions" talking about Chatrie and the criminal law docket more broadly, with fellow guest Rory Little. Watch it here: www.youtube.com/watch?v=VqCs...

Reviewing the Court’s Criminal Law | Interview: Rory Little and Orin Kerr

YouTube video by The Dispatch

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I’d be very interested to hear from current or recent law students on whether they agree with this argument that fairness concerns justify switching to closed-book exams.

Orin Kerr@orinkerr.bsky.social · last wk.

Over at his personal blog, Emory Law Professor @matthewsag.bsky.social offers some very interesting thoughts on structuring law school exams in an era of AI and common extra-time accommodations. matthewsag.com/ai-accommoda...

Over at his personal blog, Emory Law Professor @matthewsag.bsky.social offers some very interesting thoughts on structuring law school exams in an era of AI and common extra-time accommodations. matthewsag.com/ai-accommoda...

A lot of law schools wonder how they can create faculty community and encourage faculty gathering in a world where it's so easy to work from home or just work in offices with doors closed. /1

CA9 divides 2-1 on whether the parole exception to the warrant requirement applied and allowed the search of a trailer—based on whether there was probable cause to believe a trailer was the suspect's residence or property under his control. cdn.ca9.uscourts.gov/datastore/op...

The Supreme Court Historical Society has lots of terrific talks on law and the courts over at its Youtube channel, and it appears they have remarkably few views. (I just stumbled across the channel this morning.) Check it out: www.youtube.com/@SupremeCour...

Supreme Court Historical Society

The Supreme Court Historical Society is dedicated to preserving & collecting the history of the Supreme Court of the United States, increasing public awareness of the Court’s contribution to our natio...

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"Why Wall Street Firms Are Paying $100,000 a Month [to Trump Media] for a Fast Track to Trump Posts: Traders who already monitor the president’s pronouncements with automated systems can pay for an ultrafast feed. At least five firms have signed up." Gift link: wsj.com/finance/stoc...

If you're starting law school next month, check out my video, "So You're About To Start Law School." It has my tips on how to approach the first month, especially for first-gen students or those who don't know many lawyers. www.youtube.com/watch?v=Ayl3...

"So You're About To Start Law School": A Law Student's Guide with Stanford Law Professor Orin Kerr

YouTube video by Law School Videos

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The Pennsylvania Sup Ct has overturned its 2007 ruling allowing officers to enter open fields. The state constitution covers "possessions," not the federal 4A's "effects," & now is read to block warrantless entry onto fields if owners took sufficient steps to exclude intruders—here, a hunting club.

If you're starting law school this fall, you might be interested in my short essay, "How to Read a Legal Opinion: A Guide for New Law Students." You can download it for free here: papers.ssrn.com/sol3/papers....

FWIW, I decided to hold off on blog commentary on the Chatrie case because I decided to write an article on the case instead. I should have a draft ready to circulate by around 8/1, and I'll post it when I do.

CA9: Where cops obtained a warrant to search a computer for a video of a specific crime—& officers found the video, watched it, & concluded no crime had occurred—they had to stop searching b/c PC had dissipated. Other evidence found on computer is suppressed. cdn.ca9.uscourts.gov/datastore/op...

I've spent a lot of time enjoying Peter Santenello's documentaries. He goes to different places in America and explores what they are like, speaking with regular people he meets. He has 4 million Youtube subscribers, so he's no secret, but recommended. youtube.com/petersantene...

Peter Santenello

I make videos showing you a world that the media fails to capture. No BS polarization or political angle—just pure authentic interactions with the locals. I present the story. You present your own...

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Cops get tip that a deceased person was somewhere inside a 3-unit apartment building where drugs were suspected of being sold. Officers enter w/o warrant, find body in 2nd apartment, then go to 3rd apt and find drugs. RI SCT: Drugs suppressed, no emergency aid exception after the body was found.

Having previously ruled that forensic border searches require at least some kind of suspicion, CA4 holds that manual border searches—in which the agent looks through the device by hand, not using forensic software—does not require any suspicion. ca4.uscourts.gov/opinions/254...

Govt gets a warrant to search suspect's iPhone 6S for CSAM based on his t-mobile phone account being used for CSAM. Officers spot man, take his phone—but it's an iPhone 13. Officers search the 13 anyway, find CSAM. CA1: Suppressed, no good faith. ca1.uscourts.gov/sites/ca1/fi...

CA11 deepens the split—now 3 to 3—on whether the private search reconstruction doctrine allows the govt to open a computer file w/o a warrant after a private Internet provider scans it & finds a hash match w/known CSAM file. CA11, per Newsom, says yes. media.ca11.uscourts.gov/opinions/pub...