Author Archives: Michael Froomkin

The Case for Pyjamas

As of today, the police have a right to make you jump out of bed naked if they have a valid warrant — even if it's pretty clearly for someone else, and even if the someone else sold you the house you are living in three months earlier.

Meet Los Angeles County v. Rettele:

Deputies of the Los Angeles County Sheriff's Department obtained a valid warrant to search a house, but they were unaware that the suspects being sought had moved out three months earlier. When the deputies searched the house, they found in a bedroom two residents who were of a different race than the suspects. The deputies ordered these innocent residents, who had been sleeping unclothed, out of bed. The deputies required them to stand for a few minutes before allowing them to dress.

The residents brought suit under Rev. Stat. §1979, 42 U. S. C. §1983, naming the deputies and other parties and accusing them of violating the Fourth Amendment right to be free from unreasonable searches and seizures. The District Court granted summary judgment to all named defendants. The Court of Appeals for the Ninth Circuit reversed, concluding both that the deputies violated the Fourth Amendment and that they were not entitled to qualified immunity because a reasonable deputy would have stopped the search upon discovering that respondents were of a different race than the suspects and because a reasonable deputy would not have ordered respondents from their bed. We grant the petition for certiorari and reverse the judgment of the Court of Appeals by this summary disposition.

Incidentally, Justice Stevens's concurrence takes a much more sensible position, avoiding the constitutional question, although one that non-lawyers may find a bit technical.

Posted in Law: Constitutional Law | Comments Off on The Case for Pyjamas

Cheap Laughs

This is sort of a cheap laugh, but the last line is really funny. YouTube – Godfather IV

Posted in Politics: US: GW Bush Scandals | Comments Off on Cheap Laughs

ImpeachGonzales.org

See the video by ImpeachGonzales.org.

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Today’s Economics Puzzle

TMI a little place to whine: How come…?:

At the corner of 107 and Quail Roost Rd. when 107 become Marlin Dr. There is a U-gas station, where I purchased unleaded regular gas for $3.05 a gallon today.

In South Miami, just before the main shopping dictrict, there is Chevron gas station that has unleaded regular gas for $3.64 a gallon.

Most gas stations are averaging $3.16 a gallon.

Locational utility, imperfect information, or Walrasian tatonnement in slow motion?

Posted in Econ & Money | 4 Comments

The Devils Live in the Details

Talk left has found one of the devils in the details of the new immigration reform proposal: Here Come the Detention Camps: Immigration Legislation:

Among the provisions of the compromise immigration bill is one calling for the building of more detention camps.

Posted in Law: Everything Else | Comments Off on The Devils Live in the Details

Higher Education–Dream and Reality

St. Petersburg Times columnist Bill Maxwell decided to leave journalism and go teach at a historically black college in order to “give back.” The results are sobering: Part One, Part Two, with Part Three due on May 27th.

Spotted via South of the Suwannee.

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