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Fourth Amendment | 25 Feb 2010

Chief Judge Alex Kozinski Pronounces Death of Fourth Amendment

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Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

“Last week, admonishing his colleagues, who had just turned away an important search-and-seizure case,¬†Chief Judge Alex Kozinski, of the U.S. Ninth Circuit Court of Appeals, effectively pronounced the Fourth Amendment dead. After the court signed off on police search of an apartment without a warrant, probable cause or reasonable suspicion, Kozinski said, “Whatever may have been left of the Fourth Amendment … is now gone.”

http://www.tuccille.com/blog/2010/02/judge-reads-elegy-for-fourth-amendment.html

http://www.ca9.uscourts.gov/datastore/opinions/2010/02/18/08-50403.pdf

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