[Sherman Logan]

Umm, I think it’s right that using 3A in this way was part of the court discerning emanations of penumbras that find new rights.

Quartering of soldiers is prohibited. That had a quite precise meaning at the time.

This case was not it.

To my mind, you cannot object when the court finds a “new right” in the Constitution that you disagree with, but want the courts to find new rights you approve of.

[Political Junkie Too]

Then it was an illegal takings under the fifth amendment, because the fourth amendment didn't apply because their property wasn't seized as evidence in a crime.

-PJ