Shhh . . . If We Don’t Talk About It, Might It Cease to Matter?

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3 Responses

  1. Sadee Bear says:

    All well and good, unless you live in California, than forget about cops trying to go get a warrant before they kick down your door:

  2. Orin Kerr says:

    Thomas, I’m curious, do you agree or disagree with the rule the Court handed down in King? Regardless of the rhetoric of the opinion, I thought the rule the Court announced was actually relatively sound — and considerably more protective of privacy rights than the government wanted. Indeed, the rule the Court adopted was actually similar in result to what the defendant wanted. The majority read the record differently than the defense did, but the rule wasn’t actually that far off of the defense rule in terms of its results.

    Oh, and by way of full disclosure, I provided some assistance to the defendant in the case.

  3. Thomas Crocker says:

    Orin, I disagree with the rule. In trying to say why, I ended up writing another, long post on the opinion. I have difficulty separating the rhetoric, logic, and content of the opinion to discern a sound rule. But, see the longer post for my attempt to work this out.