A Geek With Guns

Chronicling the depravities of the State.

Once in a While the Nazgûl Toss Us a Bone

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Once in a while the Nazgûl toss us a bone. This is probably because you have to allow the plebeians to win once in a while to maintain the appearance of legitimacy. Whatever their motivation, eight of the nine muumuu clad Supreme Court judges decided that police do need a warrant to search your property:

In an 8-to-1 decision, the U.S. Supreme Court ruled Tuesday that police in Virginia violated the Fourth Amendment by walking onto the driveway of home in order to peek under a tarp that was covering a stolen motorcycle, as the Justices decided the officer had run afoul of the Constitution by engaging in a warrantless search.

The court’s majority said “a parking patio or carport into which an officer can see from the street is no less entitled to protection from trespass and a warrantless search than a fully enclosed garage.

In any sane word this case wouldn’t have had to reach the Supreme Court. All of the lower courts would have agreed that Fourth Amendment protections against warrantless searches extend to the entirety of your property, not just the property behind a locked door. If that wasn’t the case, farmers would have little protection against warrantless searches since much of their property generally lies outside of buildings.

Written by Christopher Burg

May 30th, 2018 at 10:30 am