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To: Lurking Libertarian

I always find it amazing that ‘settled case law’ only goes back to say...1920. Anything older is just....old and forgotten.

I see no emanations from penumbras in my copy of Constitution. Damn, I always get the out-dated stuffs


36 posted on 01/22/2013 3:56:57 PM PST by i_robot73
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To: i_robot73
I always find it amazing that ‘settled case law’ only goes back to say...1920. Anything older is just....old and forgotten.

The Hester case says that the rule that no search warrant is needed for open fields comes from English Common Law, but I never looked to see if that's true.

Another point: the U.S. Supreme Court had almost no jurisdiction over criminal cases until 1889; before then, federal criminal cases were heard only by Circuit Courts, so in the field of criminal law, there really aren't very many SCOTUS cases older than 1920. And search and seizure cases became common only with Prohibition.

38 posted on 01/22/2013 4:08:26 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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