Dan Epps

Right. So if I go to a police officer and tell them, like, Dan, Jay walked last year, they can't arrest you for it. without watching you to see if you jaywalk again.

Yeah, I agree. And does this play into—it obviously plays into debates about originalism. Does this also play into the debates about how the Fourth Amendment relates to positive law and general law? Because the common law—

Yeah, I agree. And does this play into—it obviously plays into debates about originalism. Does this also play into the debates about how the Fourth Amendment relates to positive law and general law? Because the common law—

Yeah. And then they also say this case is sort of more complicated because it also implicates the Nightwalker statutes, which are another one of these pieces of English history that I feel like come up in Fourth Amendment cases a lot.

Yeah. And then they also say this case is sort of more complicated because it also implicates the Nightwalker statutes, which are another one of these pieces of English history that I feel like come up in Fourth Amendment cases a lot.

Well, in a world without artificial light, they were kind of scary. Yeah. Didn't they bump into things? Yeah. Um, or would they otherwise up to no good? I think that's one of the reasons this is a statement of respecting denial is that, uh, just as so Meyer says, I don't know if she really means it, you know, therefore maybe this is not a great vehicle.

Well, in a world without artificial light, they were kind of scary. Yeah. Didn't they bump into things? Yeah. Um, or would they otherwise up to no good? I think that's one of the reasons this is a statement of respecting denial is that, uh, just as so Meyer says, I don't know if she really means it, you know, therefore maybe this is not a great vehicle.

Also maybe Gonzalez committed felony trespass and then that would trigger a different rule, but we should, you know, we should get back into the question of misdemeanor arrests for misdemeanors, not committed to the presidency officer. Um,

Also maybe Gonzalez committed felony trespass and then that would trigger a different rule, but we should, you know, we should get back into the question of misdemeanor arrests for misdemeanors, not committed to the presidency officer. Um,

That's interesting.

That's interesting.

Well, I feel like we get to the current rule in part because the court doesn't want to have to engage in any actual judgments about when arrests are appropriate. It's just like as a rule. You can imagine state courts being a little more willing to say. Yeah. Yeah. What pieces I wonder about is the felony misdemeanor thing.

Well, I feel like we get to the current rule in part because the court doesn't want to have to engage in any actual judgments about when arrests are appropriate. It's just like as a rule. You can imagine state courts being a little more willing to say. Yeah. Yeah. What pieces I wonder about is the felony misdemeanor thing.

Doesn't it sometimes turn on like, is it punishable by more than a year?

Doesn't it sometimes turn on like, is it punishable by more than a year?

Yeah. And I know my friend and co-author Robert Leiter has has argued that maybe we also this is a case where you need a little bit of living originalism or something to capture that the original felonies were serious crimes of the founding. Um, everything's a felony.

Yeah. And I know my friend and co-author Robert Leiter has has argued that maybe we also this is a case where you need a little bit of living originalism or something to capture that the original felonies were serious crimes of the founding. Um, everything's a felony.

The current definition of everything is a felony and something like punishable by 10 years or more now captures something closer to the, the significance and social meaning of a felony.

The current definition of everything is a felony and something like punishable by 10 years or more now captures something closer to the, the significance and social meaning of a felony.

I'm not sure this is a constitutional argument or just a policy argument or what, but, but there's a way in which, you know, the felony thing was doing some important work and we've sort of lost the work it was supposed to do.