CrimProf Blog

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

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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."

http://lawprofessors.typepad.com/crimprof_blog/2011/03/statement-respecting-denial-of-cert-in-warrantless-environmental-search-of-residential-backyard.html

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