So Much for the Sanctity of Your Home, and the Fourth Amendment

I’m surprised I have not seen the following in my travels through the world wide web the past couple of days, as the relevance this has to the privacy each and every American individual has a right to in their home, is, in effect, dead.

Last week the 9th Circuit Court of Appeals denied an en banc rehearing of the case United States v. Lemus, which dealt with a warrantless police search of a suspect’s home after he was arrested outside of it. As a result of the 9th Circuit’s denial, the search will stand,...

Chief Judge of the 9th Circuit Court of Appeals, Alex Kozinski, dissenting and none to happy, welcomes Americans to the “fishbowl.”

This is an extraordinary case: Our court approves, without blinking, a police sweep of a person’s home without a warrant, without probable cause, without reasonable suspicion and without exigency—in other words, with nothing at all to support the entry except the curiosity police always have about what they might find if they go rummaging around a suspect’s home. Once inside, the police managed to turn up a gun “in plain view”—stuck between two cushions of the living room couch—and we reward them by upholding the search.

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?...

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.

Whatever may have been left of the Fourth Amendment after [United States v. Black] is now gone. The evisceration of this crucial constitutional protector of the sanctity and privacy of what Americans consider their castles is pretty much complete. Welcome to the fish bowl.

The above was gleaned from a Reason Hit & Run post titled Judge Alex Kozinski: The Fourth Amendment is Gone. “Welcome to the fish bowl.”, which I linked after visiting J. Orlin Grabbe’s website.

Pitt the Elder, though in the grave, speaks to this tyranny.

The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail, its roof may shake; the wind may blow through it; the storm may enter, the rain may enter—but the King of England cannot enter; all his force dares not cross the threshold of the ruined tenement!

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