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Friday, April 29, 2016

The Law of LAWn Signs

A final post of thanks and a quick follow up. First, thank you to Howard and the Prawfsblawg family for the opportunity to share my ideas this month. I look forward to joining you again in 2017.

In an earlier post I mentioned that our LAWn Signs idea had a potential serious legal implication after the Tenth Circuit Court of Appeals decided United States v. Carloss. At issue in Carloss was the impact of an ordinary “No Trespassing” sign on the Fourth Amendment rights of the defendant. In his dissenting opinion, Judge Neil Gorsuch criticized the majority’s position and offered his own version of what an appropriate Fourth Amendment sign might look like. In honor of him, and our larger FourthAmendmentSecurity.com project, Stephen Henderson and I went ahead and made a sign for him. So, if you live within the Tenth Circuit, this sign might actually have constitutional significance. 

Final-sign-no5

 

Posted by Andrew Guthrie Ferguson on April 29, 2016 at 10:19 AM | Permalink

Comments

It's hard to imagine this having any legal significance without the pin cite.

Posted by: Orin Kerr | Apr 29, 2016 6:05:52 PM

Excellent. But I think the implication of cases like McNeil v. Wisconsin, 501 U.S. 171 (1991), is that a premature, acontextual invocation of rights is a nullity. One cannot invoke until the police actually have you in a headlock and are holding you at gunpoint, only then can all parties freely and fairly evaluate their course of action. (I would also change the first "The" to an "And"

Posted by: Jack | Apr 29, 2016 2:44:39 PM

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