Jacob Ben-David Linker 🇺🇸🕎🇺🇸✡️🇺🇸🕎🇺🇸
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Jacob Ben-David Linker 🇺🇸🕎🇺🇸✡️🇺🇸🕎🇺🇸
@JacobALinker
Yiddishe kop, neshama, un mensch. I am not a Jew with trembling knees. Rooted Cosmopolitan. American, and proudly so.
Katılım Ocak 2017
2.8K Takip Edilen8.7K Takipçiler
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@OrinKerr If the exclusionary rule applies by virtue of the Fifth Amendment, shouldn't it only apply to evidence which the self-incrimination clause would otherwise bar?

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Ode to the exclusionary rule from an Ohio state trial judge in 1929. Cincinnati v. Ray, Ohio N.P.(N.S.) 520 (1929).
static.case.law/ohio-np-ns/27/…




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@ayaankaran_ Progressive: Lifelong Queens resident who has represented the district in the Assembly since 2023, and DSA member
Socialist: Out of stater who just moved into the district last year
A few others are also running
queenseagle.com/all/2026/2/23/…
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Why is it so difficult for progressives to call themselves Americans?
Aber Kawas@AberKawas
I’m running to be the first Palestinian Muslim woman elected in New York State. That’s making the right wing very angry. Before you hear their Islamophobic, bad faith attacks against me, know the facts.
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@ayaankaran_ Anti-Imperialism?
It's the Empire State! Lol
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@The_Davos_Man @stalin997439 The Gazans' situation is so miserable at this point that they just might.
Otherwise you could ship the Israelis in Germany there.
Or better yet, send them both. They can squabble with each other, and that will make the place feel like home for the both of them.
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@stalin997439 What makes you think Palestians or Israelis would just give up and move to Northern Europe? lol
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By far the silliest and most outlandish proposal I have seen someone post about what to do with Kaliningrad, is to give it to the Palestinians.
ben 🌐@hayesy316
@The_Davos_Man Make Konigsberg great again
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@OrinKerr It continues. Scalia says that at common law
[1] You could stop somebody under the night-walker (i.e., vagrancy) laws; and
[2] that could give rise to probable cause, such that you could arrest them and then search their person.
So you've got Scalia backing up your theory

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@OrinKerr Scalia seems to provide ample evidence for this by pointing to the "night-walker" statutes as a precedent for the "stop" portion of stop-and-frisk.

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I sometimes read that the Supreme Court dramatically expanded police power by inventing stop and frisk law in Terry v. Ohio. But it seems to me you can't talk about stop and frisk without discussing the decline of arrests for vagrancy—and the invalidation of traditional vagrancy laws—at just about the same time as the creation of stop and frisk law.
As Risa Golubuff explains in her excellent book Vagrant Nation, for most of American history people acting suspiciously could just be arrested under the vagrancy laws. And they could be fully searched then, as part of the arrest.
The relationship between vagrancy enforcement and Fourth Amendment law is complicated. But one simplified version of it is that the Court blocked the greater police power of arrests and complete searches under vagrancy laws and then created a narrower version of the authority, less subject to abuses because it had more of a certain standard, under stop and frisk law.
In the present day, a lot of people tend to look back on this history from the perspective that it's obvious that of course there's no power to arrest under vagrancy laws, and of course temporary stops are seizures and of course frisks are searches, such that the big change is seen to be reasonableness balancing and the reasonable suspicion standard—a balance that is seen to lessen Fourth Amendment protections by having a standard for searches and seizures less than probable cause.
I think that's how Terry is usually taught: The Fourth Amendment used to prevent stop and frisk, and the Supreme Court gutted them. But it seems to me that view incorporates a lot of modern assumptions that the history doesn't support. My sense, at least.
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@OrinKerr A paper doing comparative criminal procedure on the subject in 1962
scholarlycommons.law.northwestern.edu/cgi/viewconten…

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@OrinKerr Here's another one from 1960
scholarlycommons.law.northwestern.edu/cgi/viewconten…

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Jacob Ben-David Linker 🇺🇸🕎🇺🇸✡️🇺🇸🕎🇺🇸 retweetledi


@OrinKerr Scalia also gives credence to your theory about how the vagrancy laws meant that you didn't really need stop and frisk, since it was easy to just arrest somebody as a vagrant.

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@OrinKerr According to Scalia in Minnesota v Dickerson, the paper cited in footnote 3 says the *opposite* of what Stern cites it for.

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