Not so. If the Fourth were not incorporated, the decision would have been left to Nevada to decide on the basis of the Nevada Constitution. Same with other States. Correct?
But instead, they ruled that a) it did apply, and b) Nevada hadn't violated it. This results in very disturbing implications for how the 4th amendment is applied to the federal government.
I agree with that, but how did incorporation make it worse?
With the Fourth incorporated, an individual now has no right under the US Constitution to withhold ID from police.
If the the Fourth were not incorporated, the same is true. Individuals would have no right under the US Constitution to withhold ID from police. Agreed?
Correct. That's basically what I was saying.
With the Fourth incorporated, an individual now has no right under the US Constitution to withhold ID from police.
If the the Fourth were not incorporated, the same is true. Individuals would have no right under the US Constitution to withhold ID from police. Agreed?
Agreed, insofar as it applies to state action. My point, however, was that this ruling eroded protections against actions by the federal government.