CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Tuesday, March 22, 2011

Statement respecting denial of cert in warrantless environmental search of residential backyard

In Huber v. New Jersey Department of Environmental Protection, Justice Alito prepared a statement, joined in by the Chief Justice and Justices Scalia and Thomas, agreeing with denial of cert "because this case comes to us on review of a decision by a state intermediate appellate court" but stating, "This Court has not suggested that a State, by imposing heavy regulations on the use of privately owned residential property, may escape the Fourth Amendment's warrant requirement."

| Permalink


Post a comment