what a frigging nightmare, when the only people standing in the way of a
wholesale rape of our civil liberties are leftists.
atek3
----- Original Message -----
From: "Jim Choate" <[EMAIL PROTECTED]>
To: "The Club Inferno" <[EMAIL PROTECTED]>
Cc: <[EMAIL PROTECTED]>; <[EMAIL PROTECTED]>
Sent: Monday, June 11, 2001 2:30 PM
Subject: CDR: SCOTUS rulz! (fwd)
>
> Where did that scum bag Scalia get the 'in general public use' test?
>
> Geez, these guys make it up as they go along...
>
> ---------- Forwarded message ----------
> Date: Mon, 11 Jun 2001 11:25:19 -0400 (EDT)
> From: [EMAIL PROTECTED]
> Reply-To: [EMAIL PROTECTED]
> To: [EMAIL PROTECTED]
> Subject: CDR: SCOTUS rulz!
>
> http://www.nytimes.com/aponline/national/AP-Scotus-Heat-Detector.html
> #
> # June 11, 2001
> #
> # Court Rules Against Heat-Sensor Searches
> #
> # Filed at 11:03 a.m. ET
> #
> # WASHINGTON (AP) -- Police violate the Constitution if they use
> # a heat-sensing device to peer inside a home without a search
> # warrant, the Supreme Court ruled Monday.
> #
> # An unusual lineup of five justices voted to bolster the Fourth
> # Amendment's protection against unreasonable searches and threw
> # out an Oregon man's conviction for growing marijuana.
> #
> # Monday's ruling reversed a lower court decision that said
> # officers' use of a heat-sensing device was not a search of Danny
> # Lee Kyllo's home and therefore they did not need a search warrant.
> #
> # In an opinion written by Justice Antonin Scalia, by many measures
> # the most conservative member of the court, the majority found
> # that the heat detector allowed police to see things they otherwise
> # could not.
> #
> # ``Where, as here, the government uses a device that is not in
> # general public use to explore details of the home that would
> # previously have been unknowable without physical intrusion, the
> # surveillance is a 'search' and is presumptively unreasonable
> # without a warrant,'' Scalia wrote.
> #
> # While the court has previously approved some warrantless searches,
> # this one did not meet tests the court has previously set, Scalia
> # wrote.
> #
> # The decision means the information police gathered with the
> # thermal device -- namely a suspicious pattern of hot spots on
> # the home's exterior walls -- cannot be used against Kyllo.
> #
> # The court sent the case back to lower courts to determine whether
> # police have enough other basis to support the search warrant
> # that was eventually served on Kyllo, and thus whether any of
> # the evidence inside his home can be used against him.
> #
> # Justices Clarence Thomas, David H. Souter, Ruth Bader Ginsburg
> # and Stephen Breyer joined the majority.
> #
> # Justice John Paul Stevens wrote a dissenting opinion joined by
> # Chief Justice William H. Rehnquist, and Justices Sandra Day
> # O'Connor and Anthony M. Kennedy.
>
>
> --
> ____________________________________________________________________
>
> "...where annual election ends, tyranny begins;"
>
> Thomas Jefferson & Samuel Adams
>
> The Armadillo Group ,::////;::-. James Choate
> Austin, Tx /:'///// ``::>/|/ [EMAIL PROTECTED]
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