Sunday, March 28, 2004

Kevin of The Smallest Minority has a thoughtful post up regarding the 5th Circuit's decision on the 4th amendment from last week. In case you haven't heard the 5th Circuit decided that a warrant, consent or even probable cause aren't needed to conduct a cursory search of a person's home if done it under the guise of "officer safety". The majority opinion was 32 pages & there are a further 30 pages of dissent. 3 judges dissented & 1 dissented in part from the majority opinion; that's out of 16 judges who heard this case. 3 to 1 odds against protecting a constitutionally enumerated Right. Not heartening is it?

Kevin does a good job of discussing the case & its implications. Go read what he has to say.

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