Orin Kerr
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orinkerr.bsky.social
Orin Kerr
@orinkerr.bsky.social
Professor, Stanford Law School.
Senior Fellow, Hoover Institution.

Author, The Digital 4th Amendment:
https://www.amazon.com/Digital-Fourth-Amendment-Privacy-Policing/dp/0190627077/ref=tmm_hrd_swatch_0
I don’t think I follow the question.
November 15, 2025 at 11:12 PM
BTW, there's actually a super interesting question lurking in the case that I asked on my spring CrimPro exam: Is there a suppression remedy for excessive force actions, and if so, on what standards? But the court finds the force here reasonable.
November 14, 2025 at 4:37 AM
Oral argument in the case is here:
www.courtlistener.com/audio/100264...
Oral Argument for United States v. Davonte Coe – CourtListener.com
Oral Argument for United States v. Davonte Coe
www.courtlistener.com
November 14, 2025 at 4:34 AM
Just so I follow, what do you expect them to do?
November 14, 2025 at 4:23 AM
I went on PACER and pulled the suppression hearing transcript. Here's the relevant testimony without the ellipses, for those wondering.
November 14, 2025 at 3:21 AM
Hard to know, but I wonder if this might have been a change to make SCOTUS review less likely. An alternative holding on state law presumably makes it hard to get SCOTUS interested in resolving the uncertainty on cross-enforcing federal law.
November 13, 2025 at 7:44 PM
November 13, 2025 at 6:53 AM
November 13, 2025 at 12:18 AM
No, to be clear, it's Prosser poking fun at those questions with an imaginary set of questions back.
November 9, 2025 at 10:52 PM
I can't believe there's a case on this in 2025, but there it is.

Op here, State v. Hickman.
appellate.nccourts.org/opinions/?c=...
appellate.nccourts.org
November 9, 2025 at 6:52 PM
Why do you think originalism defeats the concept of a constitution?
November 9, 2025 at 5:23 PM
hat seems odd to me. Why isn't this just a case of so-called "transferred intent"? They were intending to restrain a person, even if, tragically, the wrong person was hit.

Wouldn't effect the result, as there were other issues, but still noteworthy. cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov
November 9, 2025 at 7:42 AM
Is it a government vampire?
November 6, 2025 at 8:56 PM