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Divided Argument

Double Negatives

3015.278 - 3035.266 Dan Epps

I sort of knew that these civil cases – I mean if you're lucky, they get to go to the jury. But – I guess it makes sense if Fourth Amendment reasonableness is a legal question, that is a question for the court. And so the jury is just going to decide the factual predicates and then the court combines that with its own judgment about whether those facts lead to a Fourth Amendment violation.

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