Word: warranting
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...court also left the police a couple of outs. The first is to get a search warrant. If the cops have good reason to peer inside a house, they can always go to a judge and get permission--just as they do today with a wiretap. The second is to wait for the technology to become ubiquitous. If everybody owns a through-the-wall imager, the court suggested last week, then nobody can reasonably expect any privacy anywhere, even at home...
...campus body, the yell of relief was so loud that junior Ron Rood says, "I felt for that moment that I was hearing." Then there was a silence as the crowd considered the friend and classmate who police said had admitted double homicide. Son of a U.S. Army chief warrant officer, Mesa is a native of Guam. He was an enthusiastic athlete in high school; the Washington Post noted that when he was a school wrestler, it had once taken three boys to pin him. After transferring to Gallaudet's Model Secondary School for the Deaf, he had academic problems...
...entrance to the house," said Scalia, and it's irrelevant whether ever-evolving technology permits law enforcement to gather evidence without entering the premises. If, without the technology, the cops would have had to enter the house to gather the evidence needed - bingo, they needed a search warrant, said the justice, harkening back to the original meaning of the Fourth Amendment and common law in a perfect Scalia moment. His aim: to preserve the degree of privacy that was expected at the time the Fourth Amendment was written...
...there are whole areas where the expectation of privacy has been held essentially null and void, such as cars. "Fourth Amendment protection of autos has been largely eroded," said Yale Kamisar, law professor at the University of Michigan. Even passengers' purses can be searched without a warrant (although it's less clear whether a passenger's person can be, showing how tricky it is to thread this needle). And Kamisar argues that in general, "the whole trend has been the other way, toward saying that police surveillance is not a search." Giving a Charmin-like squeeze to a bus passenger...
...holding that juries, and not judges, must make any factual findings on enhancements of penalties under the federal sentencing guidelines - he has found against the government. Another example, from 1987: Arizona v. Hicks. In that case, authorities, responding to reports of a shooting, entered an apartment without a warrant in pursuit of the shooter, saw some expensive stereo equipment while they were there, turned it around to get the serial numbers and found that it had been stolen. Scalia found the obtaining of the serial numbers to be an unconstitutional search; notice that once again it was a case involving...