Thursday, June 25, 2015

Sotomayor: The Police State Is Just Fine!!

Think that Los Angeles v. Patel was a victory for the 4th Amendment?  Think again.

...Justice Sotomayor’s promising start then goes south with dicta promoting the use of “administrative subpoenas,” which are issued by bureaucrats, not judges, and absent probable cause required by the Fourth Amendment....

...What’s additionally disturbing is Justice Sotomayor’s suggestion about using judge-less administrative subpoenas in the context of police searches. This seems to suggest that at least five justices would consent to police departments issuing their own administrative subpoenas. Warrants are judicial acts, wrote Sir Matthew Hale in his 1736 book History of Pleas of the Crown, and not in the Founders’ wildest dreams would police be able to issue their own search warrants....
And as we all know, the Queen of Hearts is the Chief Justice, so maybe nothing means anything any more.

Or something like that.

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