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Oregon Supreme Court Affirms Mansor But Significant Difference in Approach than COA Took

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by: Ryan Scott • June 29, 2018 • no comments

I hope to have my own thoughts on the new Supreme Court opinion in Mansor up soon. Suffice it to say, for now, that you shouldn't be relying on the memos you wrote after the COA opinion was issued. The new opinion requires a significantly different analysis, which is better for some defendants but worse for others. Furthermore, boilerplate Mansor motions really will be worthless. Very fact-specific care will be needed each time you challenge an electronic devices search warrant on particularity grounds.

In the meantime, please enjoy this analysis by Orin Kerr, who was heavily quoted in the opinion.