SCOTUS rulz! (fwd)

[Declan McCullagh]

Yes, there's that Scalia, the well-known pinko commie.

-Declan


On Mon, Jun 11, 2001 at 07:44:27PM -0700, atek3 wrote:
> 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:  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
> >
> >        The Armadillo Group       ,::////;::-.          James Choate
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