SCOTUS rulz! (fwd)

atek3 atek3 at gmx.net
Mon Jun 11 19:44:27 PDT 2001


what a frigging nightmare, when the only people standing in the way of a
wholesale rape of our civil liberties are leftists.

atek3

----- Original Message -----
From: "Jim Choate" <ravage at ssz.com>
To: "The Club Inferno" <hell at einstein.ssz.com>
Cc: <austin-cpunks at einstein.ssz.com>; <cypherpunks at einstein.ssz.com>
Sent: Monday, June 11, 2001 2:30 PM
Subject: CDR: SCOTUS rulz! (fwd)


>
> Where did that scum bag Scalia get the 'in general public use' test?
>
> Geez, these guys make it up as they go along...
>
> ---------- Forwarded message ----------
> Date: Mon, 11 Jun 2001 11:25:19 -0400 (EDT)
> From: George at Orwellian.Org
> Reply-To: cypherpunks at ssz.com
> To: cypherpunks at cyberpass.net
> Subject: CDR: SCOTUS rulz!
>
> http://www.nytimes.com/aponline/national/AP-Scotus-Heat-Detector.html
> #
> #    June 11, 2001
> #
> #    Court Rules Against Heat-Sensor Searches
> #
> #    Filed at 11:03 a.m. ET
> #
> #    WASHINGTON (AP) -- Police violate the Constitution if they use
> #    a heat-sensing device to peer inside a home without a search
> #    warrant, the Supreme Court ruled Monday.
> #
> #    An unusual lineup of five justices voted to bolster the Fourth
> #    Amendment's protection against unreasonable searches and threw
> #    out an Oregon man's conviction for growing marijuana.
> #
> #    Monday's ruling reversed a lower court decision that said
> #    officers' use of a heat-sensing device was not a search of Danny
> #    Lee Kyllo's home and therefore they did not need a search warrant.
> #
> #    In an opinion written by Justice Antonin Scalia, by many measures
> #    the most conservative member of the court, the majority found
> #    that the heat detector allowed police to see things they otherwise
> #    could not.
> #
> #    ``Where, as here, the government uses a device that is not in
> #    general public use to explore details of the home that would
> #    previously have been unknowable without physical intrusion, the
> #    surveillance is a 'search' and is presumptively unreasonable
> #    without a warrant,'' Scalia wrote.
> #
> #    While the court has previously approved some warrantless searches,
> #    this one did not meet tests the court has previously set, Scalia
> #    wrote.
> #
> #    The decision means the information police gathered with the
> #    thermal device -- namely a suspicious pattern of hot spots on
> #    the home's exterior walls -- cannot be used against Kyllo.
> #
> #    The court sent the case back to lower courts to determine whether
> #    police have enough other basis to support the search warrant
> #    that was eventually served on Kyllo, and thus whether any of
> #    the evidence inside his home can be used against him.
> #
> #    Justices Clarence Thomas, David H. Souter, Ruth Bader Ginsburg
> #    and Stephen Breyer joined the majority.
> #
> #    Justice John Paul Stevens wrote a dissenting opinion joined by
> #    Chief Justice William H. Rehnquist, and Justices Sandra Day
> #    O'Connor and Anthony M. Kennedy.
>
>
>  --
>     ____________________________________________________________________
>
>               "...where annual election ends, tyranny begins;"
>
>                                Thomas Jefferson & Samuel Adams
>
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>        Austin, Tx               /:'///// ``::>/|/      ravage at ssz.com
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