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
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 ⤵️
And that’s a wrap on @umichlaw.bsky.social’s Public Defender Training Institute Retreat after a final day focused on bond arguments and storytelling. I feel honored to get to work with the amazing aspiring public defenders here and can’t wait for the rest of the semester.
September 1, 2025 at 11:10 PM
And that’s a wrap on @umichlaw.bsky.social’s Public Defender Training Institute Retreat after a final day focused on bond arguments and storytelling. I feel honored to get to work with the amazing aspiring public defenders here and can’t wait for the rest of the semester.
The second day of @umichlaw.bsky.social’s Public Defender Training Institute focused on client interviewing, addressing mental illness and disabilities, and secondary trauma and self care. Can’t wait for day three!
a little girl with pigtails and a bow on her head says so excited !
ALT: a little girl with pigtails and a bow on her head says so excited !
media.tenor.com
September 1, 2025 at 12:15 PM
The second day of @umichlaw.bsky.social’s Public Defender Training Institute focused on client interviewing, addressing mental illness and disabilities, and secondary trauma and self care. Can’t wait for day three!
Amazing first day of @umichlaw.bsky.social Public Defender Training Institute yesterday talking about the role of the public defender, ethics, addressing racism in the system, and culture in public defender offices. Looking forward to day two!
a baby is screaming in a crowd of people while sitting in a stadium .
ALT: a baby is screaming in a crowd of people while sitting in a stadium .
media.tenor.com
August 31, 2025 at 12:15 PM
Amazing first day of @umichlaw.bsky.social Public Defender Training Institute yesterday talking about the role of the public defender, ethics, addressing racism in the system, and culture in public defender offices. Looking forward to day two!
The room is set for this year’s @umichlaw.bsky.social kickoff Retreat for the Public Defender Training Institute. Now we wait for the students!
August 30, 2025 at 11:48 AM
The room is set for this year’s @umichlaw.bsky.social kickoff Retreat for the Public Defender Training Institute. Now we wait for the students!
Welcome to the first week of classes @umichlaw.bsky.social! Students, if you are interested in becoming a public defender or criminal legal system reformer or if you are public defender curious, check out the MDefenders calendar of events for this semester: www.law.umich.edu/mdefenders/s...
Calendar of MDefenders Events for Fall 2025 | University of Michigan Law School
www.law.umich.edu
August 29, 2025 at 2:39 PM
Welcome to the first week of classes @umichlaw.bsky.social! Students, if you are interested in becoming a public defender or criminal legal system reformer or if you are public defender curious, check out the MDefenders calendar of events for this semester: www.law.umich.edu/mdefenders/s...
New @umichlaw.bsky.social #DataforDefenders brief arguing that gender-based trauma is essential mitigating evidence for sentencing and explaining how courts should use it: datafordefenders.org
Data for Defenders
Bringing Social Science into the Courtroom
datafordefenders.org
August 29, 2025 at 2:37 PM
New @umichlaw.bsky.social #DataforDefenders brief arguing that gender-based trauma is essential mitigating evidence for sentencing and explaining how courts should use it: datafordefenders.org
New @umichlaw.bsky.social #DataforDefenders brief arguing that every step of a facial recognition search—the probe photo, database used, photo editing, algorithmic search, and human review—must be disclosed under Brady v. Maryland because of high error rates. datafordefenders.org
Data for Defenders
Bringing Social Science into the Courtroom
datafordefenders.org
August 29, 2025 at 2:35 PM
New @umichlaw.bsky.social #DataforDefenders brief arguing that every step of a facial recognition search—the probe photo, database used, photo editing, algorithmic search, and human review—must be disclosed under Brady v. Maryland because of high error rates. datafordefenders.org
Thanks to @pdefenselesspod.bsky.social for having me. I hope that this article will provide public defenders and policymakers with some good ideas for how to better protect defendants' criminal procedure rights. The draft article is available here: papers.ssrn.com/sol3/papers....
August 29, 2025 at 2:29 PM
Thanks to @pdefenselesspod.bsky.social for having me. I hope that this article will provide public defenders and policymakers with some good ideas for how to better protect defendants' criminal procedure rights. The draft article is available here: papers.ssrn.com/sol3/papers....
Reposted by Eve Brensike Primus
Robots are bad eyewitnesses
How the N.Y.P.D.’s Facial Recognition Tool Landed the Wrong Man in Jail www.nytimes.com/2025/08/26/n...
How the N.Y.P.D.’s Facial Recognition Tool Landed the Wrong Man in Jail www.nytimes.com/2025/08/26/n...
How the N.Y.P.D.’s Facial Recognition Tool Landed the Wrong Man in Jail
www.nytimes.com
August 27, 2025 at 9:27 PM
Robots are bad eyewitnesses
How the N.Y.P.D.’s Facial Recognition Tool Landed the Wrong Man in Jail www.nytimes.com/2025/08/26/n...
How the N.Y.P.D.’s Facial Recognition Tool Landed the Wrong Man in Jail www.nytimes.com/2025/08/26/n...
Reposted by Eve Brensike Primus
As @orinkerr.bsky.social points out-you could apply this reasoning to the "abandoned DNA" cases--the coffee cup is abandoned but the genetic info on it isn't
9th Circuit: When analyzing whether a person abandoned their phone, giving up rights in it, courts should distinguish b/w abandoning the device & abandoning *the data* on the phone. Here, man who dropped phone after being shot did not abandon his phone or data.
cdn.ca9.uscourts.gov/datastore/op...
cdn.ca9.uscourts.gov/datastore/op...
August 28, 2025 at 12:02 AM
As @orinkerr.bsky.social points out-you could apply this reasoning to the "abandoned DNA" cases--the coffee cup is abandoned but the genetic info on it isn't
Reposted by Eve Brensike Primus
Check out this new database of tens of thousands of California police misconduct and use-of-force records. It is an amazing and unparalleled resource - congratulations to all who helped bring it to fruition.
August 4, 2025 at 5:45 PM
Check out this new database of tens of thousands of California police misconduct and use-of-force records. It is an amazing and unparalleled resource - congratulations to all who helped bring it to fruition.
New @umichlaw.bsky.social #DataforDefenders brief arguing that even frequent drug use does not necessarily indicate a substance abuse disorder and should not be treated as if it does in family and/or criminal proceedings: www.datafordefenders.org
Data for Defenders
Bringing Social Science into the Courtroom
www.datafordefenders.org
August 4, 2025 at 10:19 PM
New @umichlaw.bsky.social #DataforDefenders brief arguing that even frequent drug use does not necessarily indicate a substance abuse disorder and should not be treated as if it does in family and/or criminal proceedings: www.datafordefenders.org