Skip to main content

View Diary: Supremes put a leash on drug-sniffing dogs at your home (66 comments)

Comment Preferences

  •  Yay Scalia, the broken clock (10+ / 0-)

    I like his property rights approach to defining a search because its fairly cleans.   I don't think Kyllo controls because that involved reaching "inside" the home, these smells waft outside.  And the state's interest in searching a home isn't as strong as sniffing cars in transit.

    Difficult, difficult, lemon difficult.

    by Loge on Tue Mar 26, 2013 at 06:50:13 PM PDT

    •  Two full and heartfelt hand claps for Scalia. (7+ / 0-)

      End of applause.

      "This is NOT what I thought I'd be when I grew up."

      by itzik shpitzik on Wed Mar 27, 2013 at 07:04:36 PM PDT

      [ Parent ]

      •  get this man another carton of smokes on me... (0+ / 0-)

        disappointing decision by breyer...

        surprising decision by Thomas...

        Deserves it! I daresay he does. Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgement. For even the very wise cannot see all ends. - Gandalf the Grey

        by No Exit on Thu Mar 28, 2013 at 08:09:35 AM PDT

        [ Parent ]

        •  by this man, i mean scalia... (0+ / 0-)

          an appropriate show of appreciation for getting one right...

          Deserves it! I daresay he does. Many that live deserve death. And some that die deserve life. Can you give it to them? Then do not be too eager to deal out death in judgement. For even the very wise cannot see all ends. - Gandalf the Grey

          by No Exit on Thu Mar 28, 2013 at 08:12:24 AM PDT

          [ Parent ]

    •  I love this (0+ / 0-)

      Defining "Curtilage" as "Yard and Outbuildings"  would probably allow everything you mow as yard and all of your barns and sheds.

      If by extension  the air space above them can be considered exempt from search because of Scalias argument about standing on the porch and peering into windows perhaps that would mean that for Marijuana growers their fields and grow sheds would be exempt and presumably helicopters and drones couldn't do flyovers.

      Likewise that should prohibit electronic surveillance because like a porch the wires and wireless emissions coming into your home can be thought of as an extension of it.  

      Live Free or Die --- Investigate, Incarcerate

      by rktect on Thu Mar 28, 2013 at 01:24:03 AM PDT

      [ Parent ]

      •  Perhaps (1+ / 0-)
        Recommended by:
        rktect

        Nino's concern is also for the idea of "Curtilage" space in more rural settings.

         Do da name "Ruby  Ridge" mean anything to ya?

        After all, 'preppers got rights, too!

        •  I don't know if I would qualify as a prepper (0+ / 0-)

          My concept of being prepared for catastrophe is to divest yourself of everything you can't carry in two hands at a dead run and still be able to survive.

          Its ok to be a horder when times are good but when it comes down to it no tools, bunkers, food, shelter, clothing should have the power to tie you down. You can make or forage what you need as the need arises.

          Most Ruby Ridge or Waco situations are better solved by leaving before you are shot so it helps to be surrounded by mountains covered with woods and fields full of berries mushrooms and critters with streams, rivers, oceans nearby.

          Live Free or Die --- Investigate, Incarcerate

          by rktect on Thu Mar 28, 2013 at 05:29:02 AM PDT

          [ Parent ]

      •  Flyover searches (1+ / 0-)
        Recommended by:
        Loge

        The law seems to be "if it can be seen from a normal commercial plane, that's one thing, but you can't fly something over at a low level or use super-powered binoculars, because that offends reasonable expectations of privacy." I don't know how Scalia's property-based paradigm would view it.

Subscribe or Donate to support Daily Kos.

Click here for the mobile view of the site