iiinova — where your digital self keeps evolving

The search-incident-to-arrest power categorically does not include the authority to conduct strip searches, Third Circuit holds (per Bibas, J.) www2.ca3.uscourts.gov/opinarch/252...

0193

2d Circuit holds that no warrant and no suspicion is needed to search a citizen's cell phone at the border. According to the court, per Judge Menashi, the border search exception authorizes searches to find criminals crossing the border, and Riley does not apply. ww3.ca2.uscourts.gov/decisions/OP...

112116

When you apply the law to the facts of the Internet, are the "facts" based on the virtual reality of what the user perceives, or are the "facts" based on the physical reality of how the network works? I wrote an article on this long ago, read it here: papers.ssrn.com/sol3/papers....

1182

It violated the 4th Amendment, and there's no qualified immunity, when child welfare workers entered the home to make a child safety check based on an anonymous report that a parent was upset and agitated at school dropoff that morning. www2.ca3.uscourts.gov/opinarch/231...

0234

Delighted to be able to post the final version of my article, "The Moving Property Problem in Fourth Amendment Law," just published in the Virginia Law Review. papers.ssrn.com/sol3/papers....

0234

In 2026, you spend a lot of time verifying that you are, in fact, human.

8679

NEW: Police investigating two kidnappings query Flock cameras in two California cities to get records of car's location—4 photos from each Flock system. District Court: No 4th Amendment search occurred, as the info revealed was not a sufficient invasion of privacy. drive.google.com/file/d/1PeM0...

4338

"Berkeley Law bars Law Students for Justice in Palestine from co-sponsoring events over bylaws," the Daily Cal reports. dailycal.org/news/campus/...

2164

Since I Fell For You (Remastered)

Stanley Turrentine With The 3 Sounds, "Since I Fell For You," from Blue Hour (rec. 1960), with Turrentine on tenor, Gene Harris piano, Andrew Simpkins bass, and Bill Dowdy drums. www.youtube.com/watch?v=tz1I...

youtube.com

YouTube video by Stanley Turrentine - Topic

1112

Reposted by Orin Kerr

Danny Wilf-Townsend @dannywt.bsky.social · 15/09/2026

After reading this, I wanted to know what the numbers would look like with more recent draft law review articles posted to SSRN. So I put a sample of 200 of them through Pangram 4, and found 57 papers with some AI use, 36 of which had >5% of their text from AI: wilftownsend.net/how-many-rec...

wilftownsend.net

How many recently drafted law review articles are written with AI? A quick examination.

AI use in legal scholarship may not be the most important AI topic being discussed these days, but it is having a moment in the corners of the world that care about these things. Julian Nyarko has an ...

159

Orin Kerr @orinkerr.bsky.social · 15/09/2026

Evidentiary hearing to be held in N.D. Cal on how Flock cameras work to help w/ suppression motion. (In the old days, there would be a DOJ team of lawyers strategizing on the govt side of this, to counter the civil liberties groups doing the same, but I don't know if DOJ works that way any more.)

2244

Orin Kerr @orinkerr.bsky.social · 15/09/2026

Just remember, if the other side says something that enrages you, it proves they are outrageous; if your side said something that enrages the other side, it proves that you hit a nerve and you're over the target.

5355

Orin Kerr @orinkerr.bsky.social · 13/09/2026

Can a federal officer pull over a driver for the state offense of speeding? Can a state or local officer stop or arrest someone for committing a federal immigration offense? I had an article on this set of puzzles a few years ago. You can read it here: papers.ssrn.com/sol3/papers....

0308

Orin Kerr @orinkerr.bsky.social · 11/09/2026

For those celebrating the Jewish New Year, may you be inscribed and sealed in the Book of Life for a good year.

1440

Orin Kerr @orinkerr.bsky.social · 11/09/2026

I just downloaded a recently-posted article arguing in favor of broad use of AI writing in legal scholarship, and, just out of curiousity, I entered the first two pages in to Pangram. According to Pangram, it's 100% AI-written.

1714823

Orin Kerr @orinkerr.bsky.social · 10/09/2026

Back when Florida required a license for concealed carry, mere possession of a concealed weapon would not establish reasonable suspicion allowing a Terry stop for lack of license, 11th Circuit holds per Newsom, J. (Today no license is required.) media.ca11.uscourts.gov/opinions/pub...

061

I am not a fan of the term "criminal legal system," as it's too obviously used with an ideological point in mind. But those trying to make it at a standard phrase in the law reviews have succeeded. Here, # articles in Westlaw's JLR database using it per year, versus "criminal justice system."

13305

Number of new law review articles in Westlaw JLR database with "Abolition" (or a variant, like "Abolitionism") in the title, by year of publication: 2017: 9 2018: 6 2019: 12 2020: 9 2021: 34 2022: 31 2023: 34 2024: 35 2025: 20 (updated, now that most 2025 articles are out)

051

Use of drug detection dogs in open spaces is still not a search, even after the new Chatrie ruling, 10th Circuit holds: Dog sniffs are limited privacy invasions, as they only detect odors in the immediate area. This isn't invasive enough to be a search. www.ca10.uscourts.gov/sites/ca10/f...

164

If I follow this correctly, federal border agents are investigating suspects for narcotics trafficking based on federal databases, & then tipping off local police to be on the look out for them—watching for traffic violations, which most commit, to justify stops. www.404media.co/a-secretive-...

11913