Eve Brensike Primus
@primuseve.bsky.social
Law Professor at the University of Michigan Law School (criminal procedure, evidence, habeas corpus); Public Defender; Director, MDefenders Program https://michigan.law.umich.edu/faculty-and-scholarship/our-faculty/eve-brensike-primus
Pinned
Data for Defenders
Bringing Social Science into the Courtroom
datafordefenders.org
Check out this MDefenders resource designed to help public defenders bring social science into criminal courtrooms. Data for Defenders collects cutting-edge social science research and helps defenders incorporate it into their advocacy: datafordefenders.org
Reposted by Eve Brensike Primus
Very interesting forthcoming article on state constitutional equivalents to the 4th Amendment, and how state courts do and don't interpret them, from Quinn Yeargain.
papers.ssrn.com/sol3/papers.... #N
papers.ssrn.com/sol3/papers.... #N
January 21, 2026 at 5:38 AM
Very interesting forthcoming article on state constitutional equivalents to the 4th Amendment, and how state courts do and don't interpret them, from Quinn Yeargain.
papers.ssrn.com/sol3/papers.... #N
papers.ssrn.com/sol3/papers.... #N
Reposted by Eve Brensike Primus
BIG IN THE 4A WORLD: The Supreme Court has granted cert in Chatrie, the geofence warrant case, to decide the following Q: "Whether the execution of the geofence warrant violated the Fourth Amendment." (I assume this includes both whether a "search" happened and whether the warrant was lawful.)
January 16, 2026 at 7:57 PM
BIG IN THE 4A WORLD: The Supreme Court has granted cert in Chatrie, the geofence warrant case, to decide the following Q: "Whether the execution of the geofence warrant violated the Fourth Amendment." (I assume this includes both whether a "search" happened and whether the warrant was lawful.)
Reposted by Eve Brensike Primus
Today's blog post: Court of Appeals of Mississippi Finds Ineffective Assistance of Counsel in Failing to Introduce Alleged Suicide Note in Homicide Prosecution: www.evidenceprofblog.com/2026/01/cour...
January 14, 2026 at 4:15 PM
Today's blog post: Court of Appeals of Mississippi Finds Ineffective Assistance of Counsel in Failing to Introduce Alleged Suicide Note in Homicide Prosecution: www.evidenceprofblog.com/2026/01/cour...
Reposted by Eve Brensike Primus
QI is about establishing principles, not finding a case with identical facts, CA10 says: In this case, the principles of its precedents established that the government's conduct was excessive force. www.ca10.uscourts.gov/sites/ca10/f...
January 10, 2026 at 9:16 AM
QI is about establishing principles, not finding a case with identical facts, CA10 says: In this case, the principles of its precedents established that the government's conduct was excessive force. www.ca10.uscourts.gov/sites/ca10/f...
Reposted by Eve Brensike Primus
📢 Important Progress in California!
In People v. Kopp, The California Supreme Court ruled that courts must evaluate a person’s ability to pay upon request before imposing fees & urged the Legislature to pursue broader fines & fees reform.
@vanguardnewsgroup.bsky.social: tinyurl.com/2kej7hzc
In People v. Kopp, The California Supreme Court ruled that courts must evaluate a person’s ability to pay upon request before imposing fees & urged the Legislature to pursue broader fines & fees reform.
@vanguardnewsgroup.bsky.social: tinyurl.com/2kej7hzc
January 6, 2026 at 7:58 PM
📢 Important Progress in California!
In People v. Kopp, The California Supreme Court ruled that courts must evaluate a person’s ability to pay upon request before imposing fees & urged the Legislature to pursue broader fines & fees reform.
@vanguardnewsgroup.bsky.social: tinyurl.com/2kej7hzc
In People v. Kopp, The California Supreme Court ruled that courts must evaluate a person’s ability to pay upon request before imposing fees & urged the Legislature to pursue broader fines & fees reform.
@vanguardnewsgroup.bsky.social: tinyurl.com/2kej7hzc
Reposted by Eve Brensike Primus
No QI for officer who reached into shoplifting suspect's pockets and retrieved what was in it. There had been no arrest to justify the search, and this was clearly beyond the Terry frisk power. (Person hadn't shoplifted, and later sued.)
www.ca10.uscourts.gov/sites/ca10/f... #N
www.ca10.uscourts.gov/sites/ca10/f... #N
January 7, 2026 at 5:52 AM
No QI for officer who reached into shoplifting suspect's pockets and retrieved what was in it. There had been no arrest to justify the search, and this was clearly beyond the Terry frisk power. (Person hadn't shoplifted, and later sued.)
www.ca10.uscourts.gov/sites/ca10/f... #N
www.ca10.uscourts.gov/sites/ca10/f... #N
Reposted by Eve Brensike Primus
Defense counsel, a reminder: @NACDL's website has posted my motion to suppress for unlawful Internet preservation under 18 USC 2703(f).
nacdl.org/getattachmen...
nacdl.org/getattachmen...
January 6, 2026 at 7:56 PM
Defense counsel, a reminder: @NACDL's website has posted my motion to suppress for unlawful Internet preservation under 18 USC 2703(f).
nacdl.org/getattachmen...
nacdl.org/getattachmen...
Reposted by Eve Brensike Primus
Officers in a high crime area spot a driver known to be on supervised release for a drug offense. They watch him meet up with another man known to officers from another drug case. The suspects talk at the car for 2 min.
4th Circuit: There's no reasonable suspicion here.
4th Circuit: There's no reasonable suspicion here.
December 17, 2025 at 8:55 AM
Officers in a high crime area spot a driver known to be on supervised release for a drug offense. They watch him meet up with another man known to officers from another drug case. The suspects talk at the car for 2 min.
4th Circuit: There's no reasonable suspicion here.
4th Circuit: There's no reasonable suspicion here.
Reposted by Eve Brensike Primus
The Illinois Bivens Act is now law - people can sue under state law for ICE’s constitutional violations. Which state is next? When the feds fall down on their obligations to protect people’s rights, it is time for states to step up.
gov-pritzker-newsroom.prezly.com/gov-pritzker...
gov-pritzker-newsroom.prezly.com/gov-pritzker...
Gov. Pritzker Signs Bill to Protect Immigrants from Unjust Federal Actions
HB 1312 enacts protections for immigrants as the Trump Administration terrorizes Illinois communities
gov-pritzker-newsroom.prezly.com
December 9, 2025 at 7:41 PM
The Illinois Bivens Act is now law - people can sue under state law for ICE’s constitutional violations. Which state is next? When the feds fall down on their obligations to protect people’s rights, it is time for states to step up.
gov-pritzker-newsroom.prezly.com/gov-pritzker...
gov-pritzker-newsroom.prezly.com/gov-pritzker...
I was so honored to receive @umichlaw.bsky.social’s L Hart Wright Award for teaching excellence this past year. Teaching here is such a privilege. Here are some of my remarks upon accepting the award: michigan.law.umich.edu/news/eve-bre...
Eve Brensike Primus on How and Why to Keep Fighting Against Injustice | University of Michigan Law School
Professor Eve Brensike Primus, ’01, recently spoke to a student audience about navigating the legal field as a budding professional. She encouraged the soon-to-be lawyers to continue fighting against ...
michigan.law.umich.edu
December 2, 2025 at 7:34 PM
I was so honored to receive @umichlaw.bsky.social’s L Hart Wright Award for teaching excellence this past year. Teaching here is such a privilege. Here are some of my remarks upon accepting the award: michigan.law.umich.edu/news/eve-bre...
New @umichlaw.bsky.social #DataforDefenders motions to compel discovery about & suppress evidence obtained through Flock's AI-inspired license plate reader technology. These motions explain why Flock-obtained data is not reliable and needs to be challenged in court. datafordefenders.org
Data for Defenders
Bringing Social Science into the Courtroom
datafordefenders.org
December 2, 2025 at 6:53 PM
New @umichlaw.bsky.social #DataforDefenders motions to compel discovery about & suppress evidence obtained through Flock's AI-inspired license plate reader technology. These motions explain why Flock-obtained data is not reliable and needs to be challenged in court. datafordefenders.org
Reposted by Eve Brensike Primus
The growing use of AI-powered tools in police departments raises serious concerns for civil rights and civil liberties. Our new analysis outlines the risks and the safeguards needed to address them. bit.ly/44nxPlx
The Dangers of Unregulated AI in Policing
New data fusion tools risk embedding biases and chilling free speech.
www.brennancenter.org
November 26, 2025 at 5:17 PM
The growing use of AI-powered tools in police departments raises serious concerns for civil rights and civil liberties. Our new analysis outlines the risks and the safeguards needed to address them. bit.ly/44nxPlx
Reposted by Eve Brensike Primus
State Dept of Revenue issues warrant to search for and seize any property of value of suspect for failure to pay taxes on profits from selling meth. Searching her residence, officers find meth.
NC Court of Appeals: Can't get a warrant for this under the 4A. Meth suppressed.
NC Court of Appeals: Can't get a warrant for this under the 4A. Meth suppressed.
November 9, 2025 at 6:52 PM
State Dept of Revenue issues warrant to search for and seize any property of value of suspect for failure to pay taxes on profits from selling meth. Searching her residence, officers find meth.
NC Court of Appeals: Can't get a warrant for this under the 4A. Meth suppressed.
NC Court of Appeals: Can't get a warrant for this under the 4A. Meth suppressed.
Reposted by Eve Brensike Primus
The Illinois legislature had passed the “Illinois Bivens Act,” allowing people to sue ICE agents in state court. Just waiting for Pritzker’s signature.
dailynorthwestern.com/2025/11/03/c...
dailynorthwestern.com/2025/11/03/c...
November 5, 2025 at 6:46 AM
The Illinois legislature had passed the “Illinois Bivens Act,” allowing people to sue ICE agents in state court. Just waiting for Pritzker’s signature.
dailynorthwestern.com/2025/11/03/c...
dailynorthwestern.com/2025/11/03/c...
Reposted by Eve Brensike Primus
Texas Court of Criminal Appeals— the state's highest court for criminal cases—rules that drug detection dog's unprompted entry of his nose into suspect's car through open window was a Fourth Amendment search.
search.txcourts.gov/SearchMedia....
search.txcourts.gov/SearchMedia....
November 2, 2025 at 10:51 PM
Texas Court of Criminal Appeals— the state's highest court for criminal cases—rules that drug detection dog's unprompted entry of his nose into suspect's car through open window was a Fourth Amendment search.
search.txcourts.gov/SearchMedia....
search.txcourts.gov/SearchMedia....
New @umichlaw.bsky.social #DataforDefenders brief argues that funding for and admission of an antiracism expert witness is necessary to ensure fairness and due process in many criminal cases: datafordefenders.org
Data for Defenders
Bringing Social Science into the Courtroom
datafordefenders.org
October 31, 2025 at 12:51 PM
New @umichlaw.bsky.social #DataforDefenders brief argues that funding for and admission of an antiracism expert witness is necessary to ensure fairness and due process in many criminal cases: datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief argues that evidence that a defendant has a substance abuse problem is improper lay opinion testimony, impermissible character evidence, and unfairly prejudicial: datafordefenders.org
Data for Defenders
Bringing Social Science into the Courtroom
datafordefenders.org
October 31, 2025 at 12:49 PM
New @umichlaw.bsky.social #DataforDefenders brief argues that evidence that a defendant has a substance abuse problem is improper lay opinion testimony, impermissible character evidence, and unfairly prejudicial: datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief argues against mandating regular drug or alcohol testing as a probation condition for a client who does not have a history of substance abuse related to their offense. Check it out: datafordefenders.org
Data for Defenders
Bringing Social Science into the Courtroom
datafordefenders.org
October 31, 2025 at 12:46 PM
New @umichlaw.bsky.social #DataforDefenders brief argues against mandating regular drug or alcohol testing as a probation condition for a client who does not have a history of substance abuse related to their offense. Check it out: datafordefenders.org
Reposted by Eve Brensike Primus
NEW: Hawaii's Supreme Court keeps releasing opinions that denounce the U.S. Supreme Court.
The latest? A new ruling that requires the police to record all interrogations from now on.
The author took it as an opportunity to say Hawaii's court will protect due process—while SCOTUS isn't:
The latest? A new ruling that requires the police to record all interrogations from now on.
The author took it as an opportunity to say Hawaii's court will protect due process—while SCOTUS isn't:
Hawaii Supreme Court Expands Rights of Defendants, and Once Again Rebukes SCOTUS - Bolts
Hawaii justices ruled that their state constitution requires police to record interrogations. And they vowed to protect due process for Hawaiians—unlike, they said, the Roberts Court.
boltsmag.org
September 25, 2025 at 5:04 PM
NEW: Hawaii's Supreme Court keeps releasing opinions that denounce the U.S. Supreme Court.
The latest? A new ruling that requires the police to record all interrogations from now on.
The author took it as an opportunity to say Hawaii's court will protect due process—while SCOTUS isn't:
The latest? A new ruling that requires the police to record all interrogations from now on.
The author took it as an opportunity to say Hawaii's court will protect due process—while SCOTUS isn't:
Reposted by Eve Brensike Primus
Listen to your talk about the book on @pdefenselesspod.bsky.social sounds very interesting.
www.publicdefenseless.com/episodes/y9s...
www.publicdefenseless.com/episodes/y9s...
How Public Defenders Can Make it Easier to Win More Courtroom Arguments w/Eve Primus — Public Defenseless Podcast
388 | How Public Defenders Can Make it Easier to Win More Courtroom Arguments w/Eve Primus
www.publicdefenseless.com
September 24, 2025 at 7:45 PM
Listen to your talk about the book on @pdefenselesspod.bsky.social sounds very interesting.
www.publicdefenseless.com/episodes/y9s...
www.publicdefenseless.com/episodes/y9s...
Reposted by Eve Brensike Primus
I actually got to use some of her points in a discovery argument this summer! Well received by the court.
September 24, 2025 at 8:23 PM
I actually got to use some of her points in a discovery argument this summer! Well received by the court.
My article on Burdens of Proof in Constitutional Criminal Procedure is out! Burdens are important (often determining outcomes in crim pro cases) & often overlooked. This article provides advocates with a roadmap for raising burdens more effectively.
scholarship.law.duke.edu/cgi/viewcont...
scholarship.law.duke.edu/cgi/viewcont...
scholarship.law.duke.edu
September 24, 2025 at 6:35 PM
My article on Burdens of Proof in Constitutional Criminal Procedure is out! Burdens are important (often determining outcomes in crim pro cases) & often overlooked. This article provides advocates with a roadmap for raising burdens more effectively.
scholarship.law.duke.edu/cgi/viewcont...
scholarship.law.duke.edu/cgi/viewcont...
Reposted by Eve Brensike Primus
Investigation of death of 4-mo old at day care, suspected of being given Benadryl. Govt gets warrant to search phone of employee in charge of baby for evidence of Internet queries related to it. Texas Ct Crim App: Evidence suppressed, no good reason to think evidence was there.
September 8, 2025 at 1:36 AM
Investigation of death of 4-mo old at day care, suspected of being given Benadryl. Govt gets warrant to search phone of employee in charge of baby for evidence of Internet queries related to it. Texas Ct Crim App: Evidence suppressed, no good reason to think evidence was there.
Reposted by Eve Brensike Primus
MAINE SUPREME JUDICIAL COURT:
*ME Constitution provides greater protection against self-incrimination than U.S. Constitution.
*Any waiver of that protection must be "clear and unequivocal."
*Officers must "stop to clarify" ambiguous waivers.
www.courts.maine.gov/courts/sjc/l...
*ME Constitution provides greater protection against self-incrimination than U.S. Constitution.
*Any waiver of that protection must be "clear and unequivocal."
*Officers must "stop to clarify" ambiguous waivers.
www.courts.maine.gov/courts/sjc/l...
August 31, 2025 at 1:00 AM
MAINE SUPREME JUDICIAL COURT:
*ME Constitution provides greater protection against self-incrimination than U.S. Constitution.
*Any waiver of that protection must be "clear and unequivocal."
*Officers must "stop to clarify" ambiguous waivers.
www.courts.maine.gov/courts/sjc/l...
*ME Constitution provides greater protection against self-incrimination than U.S. Constitution.
*Any waiver of that protection must be "clear and unequivocal."
*Officers must "stop to clarify" ambiguous waivers.
www.courts.maine.gov/courts/sjc/l...
Reposted by Eve Brensike Primus
Maine's highest court delivered a major victory for civil liberties on Friday. Our legal director noted that federal courts may continue to erode our most basic rights, so it is essential for state courts to take action by embracing their state constitutions. Read more ⤵️
Police in Maine can no longer guess if someone has waived their constitutional rights
Police cannot continue questioning someone if their decision to waive their right to legal counsel was “ambiguous,” according to a recent court ruling.
www.bangordailynews.com
August 31, 2025 at 9:39 PM
Maine's highest court delivered a major victory for civil liberties on Friday. Our legal director noted that federal courts may continue to erode our most basic rights, so it is essential for state courts to take action by embracing their state constitutions. Read more ⤵️