Word: warranting
(lookup in dictionary)
(lookup stats)
Dates: all
Sort By: most recent first
(reverse)
Nino Scalia's home is his castle. That's one lesson to take from this week's Supreme Court opinion, which he wrote, saying that fancy high-tech devices can't be used outside your home to find out what's going on insidewithout a warrant. It's the latest in a long, tangled line of Fourth Amendment cases for which there's no clear, overarching rationale. Three of the four search-and-seizure decisions the Court has issued this year have been victories for civil libertarians - but some experts say that the decisions don't do much to stanch...
...Scalia's comments during oral argument in a case earlier this year on whether law enforcement could impound a home during the time it took to get a search warrant make his opinion in the most recent case, Kyllo v. U.S., less surprising. "There is considerable interest on the part of an individual in going into his own home," he said. "We're going to go crazy trying to balance these things all the time." And also "I'm concerned about complicating the criminal law more than necessary...I'm not sure human beings are capable of figuring...
...which could detect different levels of infrared heat emanating from a building - to find that part of Kyllo's triplex was putting out a relatively large amount of heat. Thanks to the splotchy picture produced by the thermal imaging device, the cops were able to get a search warrant, go into Kyllo's home and find that he was growing about 100 marijuana plants in a room above the garage, under high-intensity lamps. In previous decisions dealing with this technology, courts have been all over the map. Scalia put a stop to that...
Rubin argues that these perceptions are flawed and that neither impatience nor arrogance are likely to pose a problem. “He’s very good at sitting down and discussing the ins and outs of an issue for hours when the issue warrants long discussion,” Rubin says. Equally importantly, Rubin says, “He got to be able to sit there—sometimes on Capitol Hill—even when the merits [of the discussion] would not warrant prolonged engagement. He was very diplomatic...
...Given the fact that Harvard recruited athletes while Radcliffe did not, women were additionally disadvantaged by the argument that women’s athletics was not serious or developed enough to warrant equal access to athletic resources...