Free Republic

The Fourth Amendment to the U.S. Constitution reads: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The Fourth Amendment to the Constitution protects the individual citizen from unreasonable searches and seizures. It requires a warrant be judicially sanctioned and supported by statements of probable cause. Search and seizure (including arrest) should be limited in...

The Justices of the Supreme Court will meet soon to offer preliminary votes in United States v. Jones, the GPS case. We don’t know what the voting alignment will look like: The votes are hard to predict. But it seems to me that there’s a substantial chance that the Court’s opinions might face a puzzling problem of figuring out which voting rule applies. I wanted to explain a bit about why I think that, and why it might matter. Here’s the problem, at least as I see it right now. There are two issues in the Jones case, and they...