1/ This Zerohedge article, claiming Congress just quietly authorized a massive 4th Amendment violation, seems wrong.http://www.zerohedge.com/news/2017-08-26/congress-quietly-passed-bill-allowing-warrantless-searches-homes-only-1-opposed-it …
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Replying to @OrinKerr
This bill does authorize a
#4thAmendment violation. Congress has a duty not to pass such broad language even if Constitution nullifies it.6 replies 36 retweets 91 likes -
Replying to @justinamash
Thanks for responding. Can you say where you disagree with my analysis?
1 reply 1 retweet 6 likes -
Replying to @OrinKerr
I agree with your general observations, but courts haven't sufficiently protected rights. 4A requires probable cause & warrant for searches.
4 replies 6 retweets 13 likes -
Replying to @justinamash
I can certainly appreciate that. But do you agree 4th Am doesn't apply to open fields, & only applies to houses/persons/papers/effects?
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Replying to @OrinKerr @justinamash
If so, I wonder if most natural read of language is that it doesn't apply to 4A-protected spaces like homes. Tricky word is "premises."
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Replying to @OrinKerr
An open field viewable from outside the property is not protected against searches that do not require trespass.
7 replies 2 retweets 2 likes
Perhaps you don't agree that 4A provides broad protection to private property, but I think we both agree that the bill is poorly drafted.
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Replying to @justinamash @OrinKerr
Hard to know who and what to believe anymore
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