Sep 212012
 September 21, 2012  Posted by  Court

Orin Kerr writes:

I wanted to add another post to my series on the Fifth Circuit’s upcoming cell-site case, which raises the issue of whether magistrate judges have the power to decide prospectively how the Fourth Amendment might apply to executing a court order at the time the government applies for the order — and to deny the application if the judge believes that the court order will be implemented in a unconstitutional way.

 Read his latest post on The Volokh Conspiracy.

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