Thursday, February 25, 2010

IANAL

Not only am I not a lawyer, I don't play one on TV. But this dissent in a case declined to be re-heard in the 9th Circus Circuit Court of Appeals should chill you to the bone:
This is an extraordinary case: Our court approves, without blinking, a police sweep of a person’s home without a warrant, without probable cause, without reasonable suspicion and without exigency—in other words, with nothing at all to support the entry except the curiosity police always have about what they might find if they go rummaging around a suspect’s home. Once inside, the police managed to turn up a gun “in plain view”—stuck between two cushions of the living room couch—and we reward them by upholding the search.

Did I mention that this was an entry into somebody’s home, the place where the protections of the Fourth Amendment are supposedly at their zenith?...

The opinion misapplies Supreme Court precedent, conflicts with our own case law and is contrary to the great weight of authority in the other circuits. It is also the only case I know of, in any jurisdiction covered by the Fourth Amendment, where invasion of the home has been approved based on no showing whatsoever. Nada. Gar nichts. Rien du tout. Bupkes.

Note that the Chief Justice wrote the above. Now go read the whole thing and reflect that appointed judges are forever - and not just on the Supremes. Be pissed off. Be very pissed off.....

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