Dan Epps

I came away thinking that there are some really hard fact patterns and I'm not actually sure what the right rule should be. I mean you can – paint hypos in different directions. So one, obviously, if a police officer just jumps in front of a car without any basis for doing so, holding a gun, the officer should not be allowed to just kill the person because, well, the car was about to run me over.

On the other hand, the respondent in the case sort of said an officer should not lose the right to defend himself just because he made some mistake earlier in the chain. That seemed reasonable to me as well. Right.

On the other hand, the respondent in the case sort of said an officer should not lose the right to defend himself just because he made some mistake earlier in the chain. That seemed reasonable to me as well. Right.

OK, but let's get it. We're going to get a concurrence from Justice Kavanaugh saying, you know, we shouldn't we shouldn't stop. You know, we shouldn't issue doctrine that stops police officer being able to jump on cars. Right. Don't you think he seemed pretty, pretty worried?

OK, but let's get it. We're going to get a concurrence from Justice Kavanaugh saying, you know, we shouldn't we shouldn't stop. You know, we shouldn't issue doctrine that stops police officer being able to jump on cars. Right. Don't you think he seemed pretty, pretty worried?

All right. Anything more to say about that case? I think we – I think we're all on the same page based on the way the argument goes – went. It seemed like the respondents had – weren't really even willing to defend the strong version of the moment of the threat doctrine. And so a lot of it did seem to be how do you want to lose? What's a really narrow way we can write this opinion?

All right. Anything more to say about that case? I think we – I think we're all on the same page based on the way the argument goes – went. It seemed like the respondents had – weren't really even willing to defend the strong version of the moment of the threat doctrine. And so a lot of it did seem to be how do you want to lose? What's a really narrow way we can write this opinion?

Do you think there's any chance for an affirmance?

Do you think there's any chance for an affirmance?

Well, are there any Fourth Amendment cases in the pipeline that they might yet grant that you've been tracking? Is there any prospect that we might get a really meaty Fourth Amendment kind of exclusionary rule case?

Well, are there any Fourth Amendment cases in the pipeline that they might yet grant that you've been tracking? Is there any prospect that we might get a really meaty Fourth Amendment kind of exclusionary rule case?

I mean, the thing is, there's all these new technology cases that I know you track that really would be helpful to get the court's guidance on a few more of those cases as those issues become more important every day. Is there anything that you think might come down the pike? I know that There's been various poll camera cases in the lower courts. The court hasn't seemed interested in those.

I mean, the thing is, there's all these new technology cases that I know you track that really would be helpful to get the court's guidance on a few more of those cases as those issues become more important every day. Is there anything that you think might come down the pike? I know that There's been various poll camera cases in the lower courts. The court hasn't seemed interested in those.

Anything like that?

Anything like that?

Okay. Well, we've got 10 minutes left for questions. So, Oren, maybe you could stick with us. If there's any particularly hard questions, we're going to send them over to you. So, Professor Kerr, if you're enrolled in one of his classes, are you teaching right now? I am. Okay. Okay. then then this is your opportunity to really put him on the spot.

Okay. Well, we've got 10 minutes left for questions. So, Oren, maybe you could stick with us. If there's any particularly hard questions, we're going to send them over to you. So, Professor Kerr, if you're enrolled in one of his classes, are you teaching right now? I am. Okay. Okay. then then this is your opportunity to really put him on the spot.

So if you have a question, you're going to have to come up front. I'm going to hand you a microphone and we're going to we have a multiple microphone set up here. It's a little complicated so that we can record your voice for the podcast. So you are if you ask a question, you are consenting to that. But. No pressure questions. The first one is always the hardest.

So if you have a question, you're going to have to come up front. I'm going to hand you a microphone and we're going to we have a multiple microphone set up here. It's a little complicated so that we can record your voice for the podcast. So you are if you ask a question, you are consenting to that. But. No pressure questions. The first one is always the hardest.

There's always – people are nervous and it turns out that there are some questions in the audience. They're already so scared of you. You've been here for 27 days. Just exams I believe at the school are blind graded, right?