Friday, February 26, 2010

Judge Alex

You gotta love Alex Kozinski. Said the judge in this recent appellate ruling from USA v. Lemus:


"The panel goes to considerable lengths to approve a fishing expedition by four police officers inside Lemus’s home after he was arrested just outside it. The opinion misapplies Supreme Court precedent, conflicts with our own case law and is contrary to the great weight of authority in the other circuits. 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.

Did I mention that this was an entry into somebody’s home, the place where the protections of the Fourth Amendment are supposedly at their zenith?"

Thanks Alex!

1 comment:

politicchic6 said...

I'd need to know more about the actual back ground of the case in order to determine if I approve.