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Univ. of San Diego School of Law

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Monday, February 4, 2013

MacMahon on Self-Service Search Warrants and International Terrorism

Paul MacMahon (Harvard Law School) has posted Self-Service Search Warrants and International Terrorism: Lessons from Damache v. DPP (Irish Law Journal, Vol. 1, p. 2, 2012) on SSRN. Here is the abstract:

In February 2012, the Supreme Court of Ireland invalidated a long-standing statutory provision that allowed the police to "help themselves" to search warrants in terrorism cases. Though the case has far-reaching practical consequences and theoretical implications, the Supreme Court’s written decision was relatively spare. The aim of this comment is to deepen the discussion. To that end, I examine the purposes of search warrant requirements as part of a legal regime for protecting privacy against government intrusion. I also discuss the judicial power to reject counterterrorism measures approved by the elected branches of government. Finally, I connect the Supreme Court’s decision to fundamental and recurring questions about the Irish judiciary’s level of trust in law enforcement authorities.

http://lawprofessors.typepad.com/crimprof_blog/2013/02/macmahon-on-self-service-search-warrants-and-international-terrorism.html

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