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'Everything Has Been Criminalized,' Says Neil Gorsuch as He Pushes for Stronger Fourth Amendment Protections
reason.com ^ | 2.25.2021 | DAMON ROOT

Posted on 02/25/2021 4:48:27 PM PST by ransomnote

In 2019, the California Court of Appeal, 1st Appellate District, ruled that a police offer may always enter a suspect's home without a warrant if the officer is in pursuit of the suspect and has probable cause to believe that the suspect has committed a misdemeanor. This week, the U.S. Supreme Court considered whether that ruling should be overturned.

Justice Neil Gorsuch seemed to have a problem with the lower court's decision. Under the common law, Gorsuch pointed out during oral arguments in Lange v. California, the police did not "have the power to enter the home in pursuit of any and all misdemeanor crimes." The framers of the Fourth Amendment built on that common law understanding. So "why would we create a rule that is less protective than what everyone understands to be the case of the Fourth Amendment as original matter?"

Gorsuch also seemed to have a problem with California's argument that an officer in pursuit of a suspected felon should always be able to follow that suspect into the home without a warrant. It is "settled," argued California Deputy Solicitor General Samuel Harbourt, "that officers may enter a home without a warrant if they have probable cause to believe a fleeing suspect has committed a felony."

(Excerpt) Read more at reason.com ...


TOPICS: Miscellaneous
KEYWORDS: 2manylaws; 2manytaxes; 4thamendment; gorsuch; privacy; scotus
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1 posted on 02/25/2021 4:48:27 PM PST by ransomnote
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To: ransomnote

Out of control government is out of control.


2 posted on 02/25/2021 4:50:19 PM PST by BenLurkin (The above is not a statement of fact. It is either opinion, or satire. Or both.)
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To: ransomnote

Including our elections, Justice Gorsuch.


3 posted on 02/25/2021 4:51:04 PM PST by jdsteel ("A Republic, Madam, if you can keep it." Sorry Ben, looks like we blew it.)
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To: ransomnote

“California”


4 posted on 02/25/2021 4:51:11 PM PST by kiryandil (New Movie: The Assassination Of Ashli Babbitt By The Anonymous Coward)
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To: ransomnote

Eff off useless.


5 posted on 02/25/2021 4:54:14 PM PST by Phillyred
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To: ransomnote

Except Vote Fraud and Election Fraud, and don’t forget TREASON or Seditious COnspiracies to Overthrow the Presidency,...


6 posted on 02/25/2021 5:00:59 PM PST by eyeamok (founded in cynicism, wrapped in sarcasm)
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To: ransomnote

Eunuchism, enabled by the Prime Eunuch, Traitor Roberts.


7 posted on 02/25/2021 5:05:49 PM PST by Paladin2
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To: Phillyred

Yup, he’s just a coward in a black robe.


8 posted on 02/25/2021 5:05:55 PM PST by SoConPubbie (Mitt and Obama: They're the same poison, just a different potency)
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To: ransomnote

Says the guy with no medical experience who created law that skin color is the same as being a transvestite.


9 posted on 02/25/2021 5:10:40 PM PST by Vision (Elections are one day. Reject "Chicago" vote harvesting. Election Reform Now. Obama is an evildoer.)
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To: ransomnote

The 4th Amendment works both ways. Show up without a warrant and you just might be surprised at what finds you.


10 posted on 02/25/2021 5:11:41 PM PST by T.B. Yoits
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To: ransomnote

Now they want to be relevant? After they passed on whether voters have a right to expect states to follow the rules?

Why should we even listen to these frauds?


11 posted on 02/25/2021 5:24:26 PM PST by McGavin999 (biden is not my president )
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To: ransomnote

A message for Gorsuck and the rest of the black robbed traitors: One day in the future the left will not be in control of the government and the new right will have fresh memories of your failure to do your job. It is then you shall reap the whirlwind you have sowed.


12 posted on 02/25/2021 5:37:09 PM PST by Colo9250 (Name the rat that assassinated Ashli Babbitt now! )
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To: ransomnote

“a police offer may always enter a suspect’s home”

What kind of OFFER are they making?


13 posted on 02/25/2021 5:48:19 PM PST by LeoTDB69
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To: ransomnote
The 4th Amendment protects the 1st Amendment and the 2nd Amendment, not 2A protecting 1A as so many would like to believe. And that is exactly what is on Gorsuch's mind...

"Justice Neil Gorsuch seemed to have a problem with the lower court's decision. Under the common law, Gorsuch pointed out during oral arguments in Lange v. California, the police did not "have the power to enter the home in pursuit of any and all misdemeanor crimes."

The framers of the Fourth Amendment built on that common law understanding. So "why would we create a rule that is less protective than what everyone understands to be the case of the Fourth Amendment as original matter?"

This is a core, compelling Originalist 'argument'.

14 posted on 02/25/2021 6:00:27 PM PST by StAnDeliver (Eric Coomer of Dominion Voting Systems Is The Blue Dress)
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To: ransomnote

Yes Gorsuch. Like Christian views of sexuality.


15 posted on 02/25/2021 6:02:38 PM PST by Persevero (I am afraid propriety has been set at naught. - Jane Austen )
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To: ransomnote

“’Everything Has Been Criminalized,’ Says Neil Gorsuch...”

Apparently not ELECTION FRAUD, Neil.


16 posted on 02/25/2021 6:07:56 PM PST by BobL
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To: BobL

Spot on.


17 posted on 02/25/2021 6:10:26 PM PST by Jane Long (America, Bless God....blessed be the Nation 🙏🏻🇺🇸)
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To: Vision

Says the guy with no medical experience who created law that skin color is the same as being a transvestite.


Here’s a nauseating hagiography of Gorsuch from NBC news after he a gave trannies projectiosn under the civil rights act of 1964. No doubt he and his wife loved it. Probably have it framed on their wall.

https://www.nbcnews.com/think/opinion/gorsuch-s-lgbtq-supreme-court-vote-historic-liberal-win-now-ncna1231136


18 posted on 02/25/2021 6:14:33 PM PST by lodi90
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To: ransomnote

Far, far too any things are deemed to be felonies, with the attendant loss of liberties. This needs to get reeled back in.


19 posted on 02/25/2021 6:17:59 PM PST by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: ransomnote

Bend over, Americans.

L


20 posted on 02/25/2021 6:18:56 PM PST by Lurker (Peaceful coexistence with the Left is not possible. Stop pretending that it is. )
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