Will Bode

In light of the foregoing, in light of the foregoing, I'm just going to, I'm going to, I'm going to start using that all the time. I'm just going to say a bunch of things that don't explain anything. And I just say, in light of the foregoing, you're fired.

In light of the foregoing, in light of the foregoing, I'm just going to, I'm going to, I'm going to start using that all the time. I'm just going to say a bunch of things that don't explain anything. And I just say, in light of the foregoing, you're fired.

Yeah.

Yeah.

All right. So can we just quickly talk about some of the other orders list stuff?

All right. So can we just quickly talk about some of the other orders list stuff?

So we have this statement from Justice Sotomayor, joined by Justice Gorsuch, respecting denial in a case called Gonzalez versus United States. And this one's interesting. This one is interesting. a Fourth Amendment issue.

So we have this statement from Justice Sotomayor, joined by Justice Gorsuch, respecting denial in a case called Gonzalez versus United States. And this one's interesting. This one is interesting. a Fourth Amendment issue.

And the question is whether the Fourth Amendment incorporates an old common law rule that a police officer or an agent of law enforcement, they didn't really have the police hundreds of years ago as such, could arrest a person for a misdemeanor not That did not take place in the officer's presence. Without a warrant? Yes, without a warrant. The rule was a warrantless felony arrest was always fine.

And the question is whether the Fourth Amendment incorporates an old common law rule that a police officer or an agent of law enforcement, they didn't really have the police hundreds of years ago as such, could arrest a person for a misdemeanor not That did not take place in the officer's presence. Without a warrant? Yes, without a warrant. The rule was a warrantless felony arrest was always fine.

An arrest for a misdemeanor committed in the officer's presence, fine. But arguably, it sounds like there's a little bit of uncertainty on the common law authorities, but there does seem to be some form of a rule that just... The officer finds out that someone previously committed a misdemeanor, they can't go arrest that person without getting a judicial preclearance by way of a warrant.

An arrest for a misdemeanor committed in the officer's presence, fine. But arguably, it sounds like there's a little bit of uncertainty on the common law authorities, but there does seem to be some form of a rule that just... The officer finds out that someone previously committed a misdemeanor, they can't go arrest that person without getting a judicial preclearance by way of a warrant.

Yeah. And it's an interesting larger set of questions because the court has sometimes said the Fourth Amendment incorporates some of these common law search and seizure restrictions. The court has said, you know, under common law, there was, you know, a kind of default rule that police are supposed to knock and announce before executing a warrant.

Yeah. And it's an interesting larger set of questions because the court has sometimes said the Fourth Amendment incorporates some of these common law search and seizure restrictions. The court has said, you know, under common law, there was, you know, a kind of default rule that police are supposed to knock and announce before executing a warrant.

And so the court has said that is part of Fourth Amendment reasonableness, although they later said that there's no remedy if they violate that in a case called Hudson. But there's other things like that. There was also a common law rule that they were supposed to execute warrants during the daytime. And the court has never said that's part of Fourth Amendment reasonableness.

And so the court has said that is part of Fourth Amendment reasonableness, although they later said that there's no remedy if they violate that in a case called Hudson. But there's other things like that. There was also a common law rule that they were supposed to execute warrants during the daytime. And the court has never said that's part of Fourth Amendment reasonableness.

So I think there's a bunch of things like this that could provide grounds for arguments that maybe there's more that the Fourth Amendment should – more rules that the Fourth Amendment should incorporate from the common law that the court has never held or incorporated.

So I think there's a bunch of things like this that could provide grounds for arguments that maybe there's more that the Fourth Amendment should – more rules that the Fourth Amendment should incorporate from the common law that the court has never held or incorporated.

sort of part of that conversation i mean they're they're thinking of historical common law rather than yeah i think it's certainly related to that conversation conversation you you and i have participated in in our respective articles i think it's it's not directly participating it's sort of like a third position i think that there's you know if you think about the way in which the fourth amendment might incorporate you know other sources of law the kind of

sort of part of that conversation i mean they're they're thinking of historical common law rather than yeah i think it's certainly related to that conversation conversation you you and i have participated in in our respective articles i think it's it's not directly participating it's sort of like a third position i think that there's you know if you think about the way in which the fourth amendment might incorporate you know other sources of law the kind of