This is a place for reasoned and intelligent discussion of conservative principles and current events.

A Supreme Court Ruling

A ‘Warrantless’ Search Is Not the Same as an ‘Unreasonable’ Search
A recent Supreme Court ruling clarifies an important distinction in Fourth Amendment cases.

PJ Media: March 6, 2014

If you were to learn that the Supreme Court had handed down a decision, and all you were told about it was that the opinion had been written by Justice Alito, with Chief Justice Roberts and Justices Scalia, Kennedy, Thomas and Breyer joining, and that Justice Ginsburg had filed a dissenting opinion, in which she was joined by Justices Sotomayor and Kagan, do you think you’d be inclined to approve or disapprove of the outcome? And if you were to further learn that the decision had so rankled the editors at the most liberal newspaper west of the Hudson River, the Los Angeles Times, that they took to their pages to condemn it, would your inclination be altered?

Last November I wrote here on the case of Fernandez v. California, in which oral arguments had just been heard before the Supreme Court. I’m pleased to report that last week the Court, no doubt influenced by my column, ruled against Fernandez, an especially loathsome individual, upholding his conviction and the warrantless search of his apartment based on the consent of his live-in girlfriend. This is not to say the vitality of one’s constitutional rights should be in inverse proportion to one’s loathsomeness, but it’s gratifying that this petitioner, a street thug and an abuser of women, came away from the Court unsatisfied.

Read more.

Similar posts
  • Who’s on the Watch List and What About Due Process Since the Orlando terrorist attack there has been heated debate over the use of the No-fly and Terrorist Watch Lists to prevent gun purchases by those with terrorist intent. The debate centers on the accuracy of the lists, who is on it, how they got there, and especially the threat to due process posed by [...]
  • Privacy and the Age of Information The information age and the privacy protections of the 4th Amendment seem to be running into a head on collision and the courts are leaning against individual privacy. Reading the 4th Amendment leads one to ask what the intent of the 4th is and how should it apply to the modern world? Cell phones, Apps, [...]
  • EU to Define Hate Speech In Europe individual rights are defined and controlled by government. That’s why we had that little revolution a few years back. You know the one we are going to celebrate in early July even though recently educated people know little about it. The EU has no First Amendment or anything like it. That is one [...]
  • The Difference between a Democracy and a Republic It does make a difference after all. It is the difference between a mob and the rights of every individual. It is the reason America is different and exceptional. It is a difference that has become obscured. It is a difference worth preserving. Admin What Does ‘We the People’ Really Mean? A Constitutional Scholar Explains [...]
  • If the Shoe Fits ” So here you are, wailing about what hell a Trump presidency will reign down on liberty, when you yourselves are the very arbiters such bondage. You voted for it. You continue to vote for it. You elect people who openly intend to limit the decision-making of the average citizen in favor of more government [...]

1 Comment

  1. Jim Lee Jim Lee
    March 7, 2014    

    I believe this is a proper ruling by the court. This was NOT an unreasonable search in my opinion and apparently SCOTUS either.

Subscribe via Email

Enter your email address to subscribe to this site and receive notifications of new posts by email.

%d bloggers like this: