in an opinion by Judge Kozinski. As a former Kozinski clerk, I’m doubtless biased, but one thing I’ve long admired about many of the Judge’s opinions is how they combine clear writing with effective use of the facts. This is an excellent example, one that students of legal rhetoric (whether they are law students, lawyers, or law professors) should find much worth reading. Fourth Amendment cases are often very fact-heavy, and the trick is to marshal the facts in a way that’s honest, clear, and persuasive. Judge Kozinski does a first-rate job of this here.
Thanks to How Appealing for the pointer.