Orin Kerr writes:
The Fourth Circuit decided a very interesting Fourth Amendment case last week on the constitutionality of DNA testing, the scope of the plain view exception, and the scope of the exclusionary rule. The case is United States v. Davis, decided August 16. Judge Agree wrote the majority opinion joined by Judge Keeenan, and Judge Davis dissented in part. I’ll run though the facts, then turn to the law, and then offer some thoughts.
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