Kozinski - Scathing dissent in 4th amendment

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Couldn't decide on off-topic or general since this so directly relates to gun-rights. Particularly in MA where gun rights are so often subject to forfeiture of 4A rights, but everywhere in the country, the debate is raging as to whether carry (open or concealed) is sufficient by itself to subject you to arrest and search.

Chief Judge Alex Kozinski writes scathing dissent in Fourth Amendment case

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.
 
Wow.

"There comes a time when every man feels the urge to spit on his hands, hoist the black flag, and start slitting throats." - H.L. Mencken
 
A brilliant dissent...
...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.

Whatever may have been left of the Fourth Amendment after Black is now gone. The evisceration of this crucial constitutional protector of the sanctity and privacy of what Americans consider their castles is pretty much complete. Welcome to the fish bowl.

Hopefully this will be another of the very larger number of Ninth Circuit cases that gets overturned.
 
Unless things have changed drastically, which I highly doubt, the 9th Circuit LEADS the country in overturned decisions.

California decisions like this one is why.
 
some mighty fine words.

The place where the “government bears a heavy burden of demonstrating that exceptional circumstances justif[y] departure from the warrant requirement.”

it's a pity that even that much has been given up on the books. such circumstances cannot truly be said to exist, though they are probably hallucinated daily.
 
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