Tag Archives: Fourth Amendment

Complete Practical Directions for the Cultivation of Scalia

It was — yup, I’m a geek — marvelous fun reading all the trial court orders that accumulated in the run-up to the Brooks decision.  Credit attorney Barry Edwards for creating the catalog of these cases; in Brooks’s aftermath, I hope … 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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Thomas Solmer on the MN Court of Appeals, Harrison v. Comm’r of Public Safety

On May 4, 2010, the Minnesota Court of Appeals held in Harrison v. Commissioner of Public Safety that no Fourth Amendment search occurs when the government actually tests the alcohol concentration of a blood sample that was previously drawn and … Continue reading

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