Tag Archives: Brooks

The Hypothetical Warrant Rule

Now there are two published appellate decisions from which to begin a sketch of the contours of post-McNeely Minnesota.  There is just one problem.  What is it, exactly, that the courts in the two cases have held? Brooks purports to … Continue reading

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Why Brooks Fell Flat

Now I remember why my expectations are low in consent-to-search cases.  They end in opinions like the one we got in Brooks.  The Court performed a totality of the circumstances analysis.  Like many such analyses, it was substantively choppy and … Continue reading

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Brooks’s Eve: A Hasty Part 3

Word is, the Brooks decision will be released tomorrow at 10 a.m.   Though my comments here may look completely cuckoo in just a few hours, the Court’s treatment of good faith at the Brooks arguments was sufficiently provocative that … Continue reading

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ORAL ARGUMENT: STATE V. BROOKS, Sept. 11, 2012, Part 2

Correction:  It will be Brooks oral argument, parts 1, 2 and 3.  Today, the consent issues The Tale of the Many-Horned Dilemma I am not above engaging in a bit of soothsaying when I listen to the arguments in a case, … Continue reading

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