fallibilist

"I may be wrong and you may be right, and by an effort, we may get nearer to the truth." (Karl Popper)

Tuesday, June 20, 2006

Samson v California

Another Fourth Amendment case, another split in the U.S. Supreme Court. I haven't read the judgments delivered yesterday in Samson v California yet, but the case seems to have turned on what was a "reasonable search" of a parolee under the Fourth Amendment. Justice Thomas (with whom Roberts CJ. and Alito, Scalia, Kennedy and Ginsburg JJ. agreed) gave the decision of the Court. Justice Stevens (with whom Breyer and Souter JJ. concurred) gave a dissenting judgment. Stevens J. and co. accuse the Court of sanctioning "a regime of suspicionless searches, conducted pursuant to a blanket grant of discretion, untethered by any procedural safeguards" and "an unprecedented curtailment of liberty". I'll post some thoughts about whether Stevens J. might be correct once I get around to readng the Court's judgment.

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