@emptywheel did he surprise you (badly) re: confrontation clause in "secret evidence" case?
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@mike_stark Haven't read the transcript but that's not property right? -
@emptywheel i don't know there is transcript to read. headlines I saw were only that review was denied. don't understand property reference -
@mike_stark He only cares abt 4th Amendment if property involved. CF US v Jones, in which he was bugged abt tracking device on priv prop.
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@emptywheel Have you read Scalia's position in US v Jones? He will follow that as a guide to his opinion, if any, either way, in Mendoza. -
@bmaz Yeah. Did I misread it? -
@emptywheel Don't believe I said that. But key will be how Nino considers curtilage v. vehicles. I've no idea where he will go, but think...
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