SCOTUS expands 4th Amendment protections

[lawrocket 3]

In a 5-4 decision. In the majority were Ginsburg, Sotomayor and Kagan. Also joining the majority was Thomas. The majority opinion was written by Scalia. Strange bedfellows? Not that strange at all, actually.

Dissenting were Roberts, Kennedy and Breyer, with the dissent drafted by Alito.

The case was about cops in Florida who took a drug-sniffing dog up onto a dude’s front porch on the basis of an unverified tip received a month prior. The dog smelled drugs, signaled, and the cops got a warrant, and a search revealed marijuana plants. The trial court threw out the evidence, holding the initial search to be violative of the 4th Amendment. The Florida appeals court reversed. The Florida Supreme Court reversed again – approving the trial court’s motion to suppress.

The SCOTUS affirmed, finding that that the presence of the dog on the porch constituted a “search.” That the “search” on the porch was a search of the “curtilage” of the house, which is entitled to the same protections as the house itself. Because the search of the property was itself unreasonable, and the dog’s reaction was a result of the illegal search, the warrant was the fruit of the poisonous tree, and all that evidence was properly suppressed.

The concurrence by the learned lady Justices Kagan, Ginsburg and Sotomayor wrote these wonderful words:

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; I write separately to note that I could just as happily have decided it by looking to Jardines’ privacy interests. A decision along those lines would have looked . . . well, much like this one. It would have talked about “ ‘the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.’” Ante, at 4 (quoting Silverman v. United States, 365 U. S. 505, 511 (1961)). It would have insisted on maintaining the “practical value” of that right by preventing police officers from standing in an adjacent space and “trawl[ing] for evidence with impunity.” Ante, at 4. It would have explained that “‘privacy expectations are most heightened’” in the home and the surrounding area…

The dissent disappointed me. They proceeded under the theory that the police’s presence on the porch was not a trespass and therefore not unlawful. But the dissent did not even mention “curtilage.” I found this to make the dissent to be disingenuous.

http://www.supremecourt.gov/opinions/12pdf/11-564_jifl.pdf

My wife is hotter than your wife.

[Andy9o8 3]

I'm quite surprised, though pleasantly so. I've been deeply immersed in 4th Amendment law since the late 1970s, and the overwhelming trend has been, to my growing disgust, to honor the 4th Amendment more in the breach than otherwise. This is refreshing.

Surprising but nice that Scalia sided with the defendant. It would have been equally (if not more) surprising that Thomas did, too; but Thomas is Scalia's lapdog who will always step 'n fetchit when Scalia says "dance".

[normiss 905]

Possible support for warrant-less searches by air as well?

[Andy9o8 3]

I wouldn't hazard a prediction with an odd coalition like that.

[lawrocket 3]

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Thomas is Scalia's lapdog who will always step 'n fetchit when Scalia says "dance".

I disagree wholeheartedly with this. Thomas is far more expansive in his support of free speech and deference to the states in regulations. Scalia is far more of a guy who approves of strong government. A quick search will point to several important cases in which they disagree. Hence my surprise at Scalia with this but no surprise with Thomas.

I also disagree with the tone and the image that this sends. it's disrespectful.

My wife is hotter than your wife.

[lawrocket 3]

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Possible support for warrant-less searches by air as well?

Probably not. what controlled in this case is that the search was conducted on the property.

My wife is hotter than your wife.

[Andy9o8 3]

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Thomas is Scalia's lapdog who will always step 'n fetchit when Scalia says "dance".

I disagree wholeheartedly with this.

I know you do. We've had this conversation before.

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I also disagree with the tone and the image that this sends. it's disrespectful.

Sorry, but I've long since become jaded toward judges for whom I have little respect.

[lawrocket 3]

I know that. But it's calling Thomas a "lap dog."

If someone said that about the President, the implications are easy to see.

My wife is hotter than your wife.

[Andy9o8 3]

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But it's calling Thomas a "lap dog."

Look again: I also called him step 'n fetchit. I chose my words with deliberation.

[kelpdiver 2]

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Thomas is Scalia's lapdog who will always step 'n fetchit when Scalia says "dance".

I disagree wholeheartedly with this. Thomas is far more expansive in his support of free speech and deference to the states in regulations. Scalia is far more of a guy who approves of strong government. A quick search will point to several important cases in which they disagree. Hence my surprise at Scalia with this but no surprise with Thomas.

I also disagree with the tone and the image that this sends. it's disrespectful.

He's had a long time to stand out on his own, and failed to do so. How rare is it that in a 7-2 decision, it's not the two of them? I'm sure someone has done some statistical analysis on this.

[lawrocket 3]

[Reply]He's had a long time to stand out on his own, and failed to do so

[Andy9o8 3]

Hi. I didn't feel like starting a new thread about Clarence Thomas, who, as you well know, I revile.

So. One more example of how Clarence Thomas is a fucking pig.

Supreme Court backs Muslim woman denied job over head scarf

An 8 to 1 decision. Guess who was the 1?
Oink.

[Boomerdog 0]

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who will always step 'n fetchit when Scalia says "dance".

Whooa...careful counselor, you're dancing on the margins with that race card again.

[Andy9o8 3]

Boomerdog

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who will always step 'n fetchit when Scalia says "dance".

Whooa...careful counselor, you're dancing on the margins with that race card again.

Life is one big race.
Here's my card.

[turtlespeed 226]

Andy9o8

***

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who will always step 'n fetchit when Scalia says "dance".

Whooa...careful counselor, you're dancing on the margins with that race card again.

Life is one big race.
Here's my card.

Ah, the Bill Engval card, I see.

I'm not usually into the whole 3-way thing, but you got me a little excited with that. - Skymama
BTR #1 / OTB^5 Official #2 / Hellfish #408 / VSCR #108/Tortuga/Orfun

[cvfd1399 0]

turtlespeed

******

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who will always step 'n fetchit when Scalia says "dance".

Whooa...careful counselor, you're dancing on the margins with that race card again.

Life is one big race.
Here's my card.

Ah, the Bill Engval card, I see.

/Thread! LMFAO