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Drug War shrinking Bill of Rights

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Drug War shrinking Bill of Rights

Fox News

Radley Balko

 

" This week, the U.S. Supreme Court ruled that if you're pulled over by

the police for speeding or, say, not wearing your seatbelt, they may

bring out drug-sniffing dogs to investigate your car without violating

the Fourth Amendment. On the Volokh Conspiracy blog, Orin Kerr

observes that Justice John Paul Stevens, writing for the majority,

indicated that the Fourth Amendment protects not against violations of

privacy or invasiveness, but against violation of property rights.

Since one can't have property rights for illicit drugs, a search can't

violate the Fourth Amendment. It's a troubling precedent. It's hard to

see how any police search would violate any rights under Justice

Stevens' ruling, so long as the search turned up something illegal.

That sort of undermines what the Fourth Amendment is all about. "

(01/27/05)

 

http://www.foxnews.com/story/0,2933,145529,00.html

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