maryland vs king

[dellinger63]

Originally Posted by GenuineRisk

Justice Scalia actually addresses your very question in his dissent:

"Solving crimes is a noble objective,” he concluded, “but it occupies a lower place in the American pantheon of noble objectives than the protection of our people from suspicionless law enforcement searches. The Fourth Amendment must prevail.”

http://www.balloon-juice.com/2013/06...r-cheek-swabs/

Said the noble man with round-the-clock, armed protection.

[Danzig]

Originally Posted by dellinger63

Said the noble man with round-the-clock, armed protection.

[GenuineRisk]

Originally Posted by dellinger63

Said the noble man with round-the-clock, armed protection.

Uh yeah... no.

[Danzig]

http://www.supremecourt.gov/opinions...2-207_d18e.pdf

dissent begins on page 33.

[Danzig]

Madison’s draft of what became the Fourth Amendment answered these charges by providing that the “rights of the people to be secured in their persons . . . from all unreasonable searches and seizures, shall not be violated by warrants issued without probable cause . . . or not particularly describing the places to be searched.” 1 Annals of Cong. 434–435 (1789). As ratified, the Fourth Amendment’s Warrant Clause forbids a warrant to “issue” except “upon probable cause,” and requires that it be “particula[r]” (which is to say, individualized) to “the place to be searched, and the persons or things to be seized.” And we have held that, even when a warrant is not constitutionally necessary, the Fourth Amendment’s general prohibition of “unreasonable” searches imports the same requirementof individualized suspicion. See Chandler v. Miller, 520
U. S. 305, 308 (1997).

[Danzig]

So while the Court is correct to note (ante, at 8–9) thatthere are instances in which we have permitted searches without individualized suspicion, “[i]n none of these cases. . . did we indicate approval of a [search] whose primary purpose was to detect evidence of ordinary criminalwrongdoing.” Indianapolis v. Edmond, 531 U. S. 32, 38 (2000). That limitation is crucial.