I am by no means an expert, but my general sense from talking with colleagues that this is a slow/quiet cycle for lots of us. I'm viewing silence as neutral at this point, not a good sign but also not necessarily bad.
I am by no means an expert, but my general sense from talking with colleagues that this is a slow/quiet cycle for lots of us. I'm viewing silence as neutral at this point, not a good sign but also not necessarily bad.
If anyone wants to know where I'm at mentally right now, I'm about to either adopt a puppy or get bangs. And I'm not sure which would be higher maintenance.
It was so great to get feedback from you all! Thanks for having me.
Just hopped off a phone call with my grandmother. And she said something that Iβm going to carry with me today: βGod doesnβt care about how much people talk about you, but He does care about how often you talk for people who canβt.β
White dog with brown ear
The world is horrible in so many ways but my own world just got much worse. Early this morning, I let my Benni finally rest. She was my friend for almost 17 years. I don't even have words to describe this.
Plenty of 4A opinions have the "the touchstone of the 4A is reasonableness" language but many also say a warrantless search is presumptively invalid & 4A protection is greatest at the entry to the home. Just mentioning reasonableness without the other points wouldn't get a passing grade in my class
NYT video analysis confirms victimβs gun was removed before he was shot. So he was unarmed. https://www.nytimes.com/2026/01/24/us/minneapolis-shooting-federal-agents-video.html
Alex Prettiβs last words were βare you ok?β said the woman next to him who ICE also pepper sprayed in the face.
May 12, 2025 MEMORANDUM FOR: All ICE Personnel FROM: Todd Lyons Acting Director SUBJECT: Utilizing Form I-205, Warrant of Removal On January 20, 2025, President Donald J. Trump issued Executive Order 14159, Protecting the American People Against Invasion, directing the Secretary of Homeland Security to "ensur[e] the successful enforcement of final orders of removal." 90 Fed. Reg. 8443, 8444 (Jan. 20, 2025) (E.O. 14159). Essential to the removal of aliens subject to final orders of removal is the ability to locate and arrest them. To this end, certain supervisory immigration officers within both Enforcement and Removal Operations (ERO) and Homeland Security Investigations (HSI) are authorized to issue an administrative warrant, Form I-205, Warrant of Removal (Form 1-205), for the arrest of an alien with a final order of removal. 8 C.F.R. Β§ 241.2(a)(1). All U.S. Immigration and Customs Enforcement (ICE) special agents and deportation officers are authorized to execute Forms 1-205. 8 C.F.R. Β§ 287.5(e)(3)(iii) - (y) Although the U.S. Department of Homeland Security (DHS) has not historically relied on administrative warrants alone to arrest aliens subject to final orders of removal in their place of residence, the DHS Office of the General Counsel has recently determined that the U.S. Constitution, the Immigration and Nationality Act, and the immigration regulations do not prohibit relying on administrative warrants for this purpose. Accordingly, in light of this legal determination, ICE immigration officers may arrest and detain aliens subject to a final under of removal issued by an immigration judge, the Board of Immigration Appeals (BIA), or a U.S.
Arrow) district court judge or magistrate judge in their place of residence.23 ICE immigration officers should consider all available enforcement mechanisms, including the use of a Form 1-205 to arrest an alien in their place of residence, to achieve the requirements of E.O. 14159 in accordance with applicable law and policies. This guidance informs the use of Forms 1-205 and provides to ICE law enforcement personnel a reminder of the general limitations and exceptions that may apply when effectuating arrests in an alien's residence. General Guidelines ICE law enforcement officers receive extensive training on the legal and procedural requirements for making administrative and criminal arrests. ICE personnel must remain cognizant of all existing laws and policies pertaining to arrests when carrying out civil immigration enforcement actions. Prior to entering a residence to conduct an administrative immigration arrest pursuant to Form I-205, officers and agents must ensure the Form 1-205 is properly completed and is supported by a final order of removal issued by an immigration judge, the BIA, a U.S. district court, or a magistrate judge. This is essential because that order establishes probable cause. Officers and agents must also have reason to believe that the subject alien resides at and is currently located in the address where the Form I-205 is to be served.
ICE secretly told its officers that any time someone has been ordered removed, ICE can break down their door.
It has been accepted for generations that the only thing which can authorize agents to break into your home is a warrant signed by a judge. No wonder ICE hid this memo!
Thanks to @benblumoehr.bsky.social and @reichlinmelnick.bsky.social, here is the memo. At least based on this portion, ICE isn't engaged in anything resembling legal analysis. It's just declaring its conclusion that is contrary to SCOTUS precedent. bsky.app/profile/reic...
BIG IN THE 4A WORLD: The Supreme Court has granted cert in Chatrie, the geofence warrant case, to decide the following Q: "Whether the execution of the geofence warrant violated the Fourth Amendment." (I assume this includes both whether a "search" happened and whether the warrant was lawful.)
Sober, precise read of relevant law from Seth Stoughton (who I don't think is on here), a former colleague and the best police lawyer I know:
verdict.justia.com/2026/01/09/t...
Editorial in the National Catholic Reporter: "The vice president's comments justifying the death of Renee Good are a moral stain on the collective witness of our Catholic faith. His repeated attempts to blame Good for her own death are fundamentally incompatible with the Gospel."
Perfectly normal investigatory tools, nothing to worry about at all.
www.404media.co/inside-ices-...
My husband asked, "wouldn't it be funny if after all this they end up losing?" about:
A. The stranger things kids in their fight vs. Vecna; or
B. Ohio State
π¨ Iβve been keeping this under wraps until published and itβs out today.
Do judges with background in law enforcement act differently at bail time? Our groundbreaking NYC study estimates that when they set bail, it is a full 32% higher on average compared to other judges. Check it out and share.
Pennsylvania Supreme Court rules that there are no 4th Amendment rights in your Google search terms. When you search on Google, you tell them your search terms; the government can get those queries without a warrant. The third-party doctrine applies.
www.pacourts.us/assets/opini...
This husker volleyball game is not for the faint of heart
I have drop-in hours all day for my students to ask last minute questions before tomorrow's exam, so I'm playing calming instrumental music instead of blaring my normal early 2000s punk pop in the hopes it'll send calming vibes. I don't think it's working.
Oof Notre Dame.
A thank you card from the Class of 2028
Well if this isn't the most adorable thing ever
I would love to be able to make an Air Bud connection in a legal argument. Just A+ all around.
www.npr.org/2025/12/03/n...
NEW AP INVESTIGATION: With license plate readers and local law enforcement partnerships, Border Patrol is monitoring American drivers and detaining those exhibiting βsuspiciousβ travel patterns in the U.S. interior. w/
@garanceburke.bsky.social. apnews.com/article/immi...
Iβm howling.
Very pleased to say that my new article, "The Two Tests of Search Law: What Is the Jones Test, and What Does That Say About Katz?", has just been published in final form by the Wash. U. L. Rev. You can now download it from here:
wustllawreview.org/2025/11/12/t...
Abstract below.
Somehow, we millennials are getting blamed for this.
This Nebraska volleyball team is unreal levels of good. Just so much fun to watch.
π¨New article alert! Aaaand itβs a timely one!
We tested how Latina immigrants' attitudes toward police and judges differed based on their documentation status and history of family deportations.
Check it out here: journals.sagepub.com/eprint/BNE9D...
Or read the explainer π§΅ below...
The state I practiced in did not allow Anders-style briefs. I only practiced for 5 years, but I was *always* able to find some error I felt I could ethically raise. It might just have been sufficiency of evidence or excessive sentence, & I knew it would almost certainly lose, but I found something.
Now do one that shows the ACTUAL change in crime rates too!