On Aug 26, 2010, at 2:32 PM, Francis Drouillard wrote:

> 
> On Aug 26, 2010, at 1:09 PM, Bruce Johnson wrote:
> 
>> 
>> On Aug 26, 2010, at 11:33 AM, Francis Drouillard wrote:
>> 
>>> I don't agree with your analysis of the likely outcome of this case when it 
>>> reaches the Supremes.
>> 
>> 
>> Look at the history of the right  wing of the Court (Scalia in particular); 
>> I can't think of a single case where Scalia has not sided with the police 
>> over defendants.
>> 
>> Don't count on the right wing of the court to save you; you're neither a cop 
>> or a powerful corporation. 
> 
> You are incorrectly attributing this atrocious decision to court 
> conservatives. It is liberals on the court that are expanding police powers 
> in this case.

Go back and read the thread...my comment was in response to your "I don't agree 
with your analysis.."

Regardless of the ideological bent of the judges that made the decision in the 
9th, it is a fact that the conservative wing of the Roberts court (particularly 
Scalia, Thomas and Alito) sides almost invariably with the police over 
defendant's rights. 

I especially fear a narrow decisison that doesn't address the GPS tracking, but 
that the police entered his property to attach it, meaning any time that you're 
in public the police woul have the right, without a warrant, to attach a 
tracking device to your car or person.

The Court has already ruled that merely being in a car that is stopped by 
police abrogates your 4th amendment rights against warrantless search, iirc 
Scalia wrote the majority opinion on that one.

-- 
Bruce Johnson
University of Arizona
College of Pharmacy
Information Technology Group

Institutions do not have opinions, merely customs


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