Category criminal law
On August 8, 2017, the State of Oklahoma suffered a major jurisdictional defeat. In Murphy v. Royal, —F.3d—, 2017 WL 3389877 (10th Cir. Aug. 8, 2017), it was held that a large swath of Oklahoma, including the Tulsa metropolitan area, falls within a reservation of the Creek Nation; that the Creek Reservation has never been disestablished […]
“Know, then, that now, precisely now, these people are more certain than ever before that they are completely free, and at the same time they themselves have brought us their freedom and obediently laid it at our feet…they have finally overcome freedom, and have done so in order to make people happy.” – The Brothers […]
Intergovernmental evidence-sharing ignores that the Warrant Clause does not empower the government to seize property merely to search for evidence and is therefore tantamount to a fishing expedition that converts the particularized warrants demanded by the Fourth Amendment into the very “general warrants” the provision was understood to prevent.