tag:blogger.com,1999:blog-10221823.post110666836128093316..comments2024-01-05T02:49:13.756-06:00Comments on Out of the Binjo Ditch: New interpretation of the Fourth AmendmentStevehttp://www.blogger.com/profile/15148864091827107809noreply@blogger.comBlogger3125tag:blogger.com,1999:blog-10221823.post-1107319020778165642005-02-01T22:37:00.000-06:002005-02-01T22:37:00.000-06:00Just to clarify, EP,
Sam and I are law students, ...Just to clarify, EP, <br />Sam and I are law students, not lawyers, and anything we post is just our interpretation or opinion. It would be wrong on our part to forward the notion that our ideas are legal interpretations or something that could be construed as legal advice.Stevehttps://www.blogger.com/profile/15148864091827107809noreply@blogger.comtag:blogger.com,1999:blog-10221823.post-1107230767010972542005-01-31T22:06:00.000-06:002005-01-31T22:06:00.000-06:00I have to disagree with Sam. Surely staying withi...I have to disagree with Sam. Surely staying within the safety of my own property is not what the Founders envisioned when they protected me from unreasonable search and seizure. I've never had an illegal article of any kind in my vehicle, but I'm still not going to give police officers carte blanche to search it. I understand the fine point of "sniffing the air," but that's hairsplitting to the nth degree, and violates the spirit, if not the letter, of the law.<br /><br />You all are the legal experts--I'm just giving my reaction as a law-abiding citizen who believes in the right to be left the heck alone if the police don't have a darned good reason to come poke through my things.English Professorhttps://www.blogger.com/profile/15191669597257396380noreply@blogger.comtag:blogger.com,1999:blog-10221823.post-1106706791016262312005-01-25T20:33:00.000-06:002005-01-25T20:33:00.000-06:00I think you're applying the Fourth Amendment too b...I think you're applying the Fourth Amendment too broadly. If they were walking by houses with a drug dog looking for contraband, I think it would be obtrusive, but the defendant in this case was driving on a public street. One has less of an expectation of privacy when he is on government property as opposed to his own. Also (I realize this is hairsplitting) the dog wasn't detecting drugs inside the car, but tiny aerosolized drug particles coming from the car. The police were technically searching for drugs in the air over a street and using that air to provide probable cause.Samhttps://www.blogger.com/profile/12255786336805099124noreply@blogger.com