February 24, 2010
Great Comments from Alex Kozinski
I remember seeing a poster some time ago that said: "the only reason I hang around here is to see what happens next." I feel like the best part of continuing to practice law is to see what Judge Kozinski says next. Take a look at USA v. Lemus.
Kozinski writes in a dissent to an order denying a hearing in banc :
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 to my friend Scott Clarkson for this.
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