| Applying the Fourth Amendment to cell-site simulators; No constitutional right to engage in prostitution; Sixth Circuit smackdown watch: Woods v. Etherton; Who was the largest ancient Roman?; Was an Asian government reading Hillary Clinton’s emails in February 2009?; Judge Richard Posner explains why we should “burn all copies of the Bluebook”; | | | | | | | | | Applying the Fourth Amendment to cell-site simulators | | A Maryland court recently became the first appellate court to rule on whether and when use of a cell-site simulator is a Fourth Amendment search. The court held that government use of a cell-site simulator is a search that requires a warrant unless an established exception to the warrant requirement applies. I think that result is plausible, although the reasoning of the opinion has some major weak spots. This post explains why. | | By Orin Kerr • Read more » |
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| No constitutional right to engage in prostitution | | Many rights include the right to pay for their exercise -- you can pay to buy a newspaper, to print leaflets, to contribute to a church, to buy a gun, to get an abortion, to buy contraceptives, to send your child to private school. But the court treats sexual rights differently. | | By Eugene Volokh • Read more » |
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