This is a short read, and there’s not a lot of legalese in the opinion.
http://www.supremecourt.gov/opinions/11pdf/11-208.pdf
The Fourth Amendment to our Constitution has been watered down considerably over the decades. It’s difficult to imagine that a thought process went from patrol officer to U.S. Supreme Court Justice in the time it takes for lightning to flash. Can you find the quote that should have overturned the district court’s ruling?
Hint: “I’m going to get my husband.”
Jorgen,
You may want to go back and read the case again. But this time, start with the final two paragraphs and then go back and read the 1st paragraph. You’ll notice that the Court ruled in favor of the officers.
Marty
I’m puzzled. The Court was unanimous in holding that the government had gone too far in its surveillance. They disagreed on the reasoning, but the main opinion relied on the 4th. Furthermore, the decision was in keeping with the established doctrine that a search without a warrant generally is unreasonable unless there is an emergence. How does all this weaken the 4th?
206.72.52.12
Submitted on 2012/01/30 at 8:44 am
I think Jorgen is commenting on a different case. He should read this one.
I agree with Marty. Police don’t seem to realize how they bully people and how many people don’t trust them. Court decisions like this one don’t do much to ease the fear people have of police.
Also some people just don’t behave calmly. That should not make them suspect. Nervousness is not a crime, but police act like it is a cover-up that justifies more intrusion. Those cops could have gone back to their car and cooled their heels a bit. No wonder this kid feels bullied at school.
This case sounds exactly like the US invasion of Iraq. Follow along: Someone said Saddam had a big weapon and would shoot up a mushroom cloud. Saddam acted strangely. We invaded and found nothing. We said it was reasonable suspicion.
Think of it as preemptive search.
And the bullying? If my child was being bullied and the school did nothing to intercede, my response to law enforcement showing up at my home to investigate the victim of bullying as a crime suspect would have been less gracious. Would not surprise me if the tolerance for bullying continues to this day. Two words. Home School.