Legal Commentary

Merits Brief for Petitioner in Davis v. United States ? The Good-Faith Exception for New Fourth Amendment Decisions

By Orin Kerr

Today I filed the merits brief for the Petitioner in Davis v. United States, 09?11328, a Fourth Amendment case the Supreme Court recently agreed to hear on the scope of the exclusionary rule for searches made in reliance on subsequently-overturned precedent. The brief is here: Brief for Petitioner in Davis v. United States, 09?11328.

I will be doing the oral argument for the Petitioner, Willie Gene Davis. I?ve written merits briefs in Supreme Court cases, but Davis will be my first Supreme Court oral argument. The argument date has not yet set, but at this point I expect the argument to be sometime in late March.

I want to thank a number of friends (including co-bloggers) for reading and commenting on a draft of the brief in the last two weeks, but I haven?t asked for their permission so I don?t want to do so quite yet. Perhaps I?ll name names later on, at least of those who agree to be thanked in public for their help.

Full post as published by The Volokh Conspiracy on December 16, 2010 (boomark / email).