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Neil Gorsuch and Samuel Alito Butt Heads Over the Fourth Amendment, Again
Reason ^ | Feb. 1, 2018 | Damon Root

Posted on 02/01/2018 2:02:40 PM PST by Sopater

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To: .44 Special
The law enforcement officer would have no way of knowing the details of the contract.

The rental agreement lists authorized drivers. It also serves as your registration while driving the rental car. Or so I have been told when renting cars. The driver not being listed, and no listed person being present, would seem to be a suspicious circumstance suggesting possible theft of the car.

61 posted on 02/01/2018 2:49:45 PM PST by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: Sopater

I’m thinking that if somebody other than the contractee drove that car with the contractee’s permission, the property rights would automatically revert back to the rental company as a result of the violation. The police didn’t get permission from the company to search the car. The search is null and void.


62 posted on 02/01/2018 2:50:45 PM PST by Tolerance Sucks Rocks (The US Constitution ....... Invented by geniuses and God .... Administered by morons ......)
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To: lacrew

We don’t have an inquisitional constitution. If we did it would make ferreting crime out easier, but it would also make government harassment easier.


63 posted on 02/01/2018 2:51:45 PM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: lacrew
in the rental company’s eyes, the car is as good as stolen.

Then the cops had a duty to contact the rental car company and get their permission to search the vehicle.

I'm pretty sure Gorsuch will be writing the majority opinion.

64 posted on 02/01/2018 2:52:03 PM PST by P-Marlowe (Freep mail me if you want to be on my Fingerstyle Acoustic Guitar Ping list.)
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To: Sopater

From the constitutional standpoint, I’d have to agree with the argument that the driver of the car held greater claim to title than the police, and that therefore constituted a de facto (if temporary) “ownership” for purposes of the Fourth Amendment. I didn’t hear much of a rebuttal.


65 posted on 02/01/2018 2:53:04 PM PST by IronJack (A)
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To: Sopater

I agree with Gorsuch.


66 posted on 02/01/2018 2:53:35 PM PST by Architect of Avalon
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To: Sopater

Splitting hairs about property (as opposed to goods, effects), no?
IANAL but I would think it’s more about privacy than property.
As for unauthorized drivers, that’s between the authorized driver and the rental company. Police are forever telling folks “That’s a civil matter,” or in other words, they’re not involving themselves in peripheral disputes that are not criminal in nature.
Need more dogs and cameras in police cars...


67 posted on 02/01/2018 2:54:22 PM PST by Buttons12
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To: Slyfox

Could be. These are the types of cases the courts should be hearing to fine-tune constitutional issues. Not cases on invented rights (gay marriage, forcing a Christian baker to celebrate your sodomy, etc.) which only move the country further left . . . which, by the way, is the whole idea of this sort of jiggery-pokery.


68 posted on 02/01/2018 2:55:51 PM PST by Vigilanteman (ObaMao: Fake America, Fake Messiah, Fake Black man. How many fakes can you fit into one Zer0?)
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To: Tolerance Sucks Rocks

An interesting angle. Perhaps rental firms could file statements if they chose that if government officers ask them for verification of who is authorized driver(s), and that is not the same as actual driver, they grant search and seizure permission.


69 posted on 02/01/2018 2:55:59 PM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: Slyfox

Could be. These are the types of cases the courts should be hearing to fine-tune constitutional issues. Not cases on invented rights (gay marriage, forcing a Christian baker to celebrate your sodomy, etc.) which only move the country further left . . . which, by the way, is the whole idea of this sort of jiggery-pokery.


70 posted on 02/01/2018 2:56:07 PM PST by Vigilanteman (ObaMao: Fake America, Fake Messiah, Fake Black man. How many fakes can you fit into one Zer0?)
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To: Slyfox

Could be. These are the types of cases the courts should be hearing to fine-tune constitutional issues. Not cases on invented rights (gay marriage, forcing a Christian baker to celebrate your sodomy, etc.) which only move the country further left . . . which, by the way, is the whole idea of this sort of jiggery-pokery.


71 posted on 02/01/2018 2:56:07 PM PST by Vigilanteman (ObaMao: Fake America, Fake Messiah, Fake Black man. How many fakes can you fit into one Zer0?)
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To: Sopater
I’m not a Constitutional scholar but what Gorsuch says makes sense to me. The issue of the guy driving the car without being on the rental contract is a civil/contractual issue between the rental company and the renter. Now, I wonder if the police had contacted the rental agency and they sent a representative of the company to confiscate the vehicle and the representative gave permission to search the vehicle, I think it would be a different ball game.
72 posted on 02/01/2018 2:56:37 PM PST by liberalh8ter (The only difference between flash mob 'urban yutes' and U.S. politicians is the hoodies.)
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To: nickcarraway

He didn’t steal the car. It was loaned to him by someone with legal possession. She may not have had the legal right to loan it, but he wouldn’t necessarily have known that. I can’t see how that means he gives up his rights. I’m with Gorsuch.


73 posted on 02/01/2018 2:57:32 PM PST by Hugin (Conservatism without Nationalism is a fraud.)
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To: McGavin999

when RBG wakes up I’d like to hear her opinion


74 posted on 02/01/2018 2:58:10 PM PST by morphing libertarian (Build Kate's Wall)
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To: P-Marlowe

That sounds as reasonable as anything. So and so is driving this car and cannot show a contract for it. May we search it.


75 posted on 02/01/2018 2:58:50 PM PST by HiTech RedNeck (Tryin' hard to win the No-Bull Prize.)
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To: morphing libertarian

In this case, the trespasser is law enforcement, which, absent probable cause, has no authority to search the trunk.


76 posted on 02/01/2018 2:59:31 PM PST by morphing libertarian (Build Kate's Wall)
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To: P-Marlowe; All

One thing that hasn’t been noted on this thread, the article frames this as a disagreement between Gorsuch and Alito yet these are not their post-case opinions they are simply questions attempting to challenge the lawyer’s cases in order to flesh out the issues before the court. When their final opinions are written neither Gorsuch nor Alito would necessarily favor the POV their questioning appeared to lean towards.


77 posted on 02/01/2018 3:00:46 PM PST by TigersEye (A Russian Bot is a Russian Bot to his last dying day!)
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To: Hugin

I didn’t say he stole it. I asked if Gorsuch is contending this about a stolen car.


78 posted on 02/01/2018 3:02:27 PM PST by nickcarraway
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To: Hugin
I'm a little confused. Are the rights being violated by the police his or hers.

If she lends her car to Bill, and Bill gets pulled over, and the police find contraband that is hers in the trunk...

79 posted on 02/01/2018 3:03:40 PM PST by nickcarraway
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To: Sopater
I'm with Gorsuch on this.

According to Feigin, Byrd, "like other unauthorized drivers, simply has no connection to the car at all."

Really? So if someone is an unauthorized user (but a sub-bailee, as is this case - it isn't like he stole the car) in a state like TX that allows you to carry a handgun for self-defense in an automobile without any permit, does he lose the right to carry a weapon in it for self-defense? I think not. He DOES have a connection to the car...he is IN IT, and DRIVING IT (i.e. controlling it).

Here are 2 questions for Alito and others with his viewpoint:

1) Does one lose one's 8th Amendment protections against cruel and unusual punishment if one commits a crime? [The obvious answer is, "No" - particularly since punishment by the government usually ONLY occurs as a result of some crime having been committed.]

2) So, if you don't lose your 8th Amendment rights after having committed a crime (up to and including murder), then how can you lose your 4th Amendment rights just because you were the unauthorized user of a motor vehicle?

80 posted on 02/01/2018 3:05:03 PM PST by Ancesthntr ("The right to buy weapons is the right to be free." A. E. van Vogt)
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