http://www.scotusblog.com/2007/09/analysis-once-more-a-new-fourth-amendment-issue/ The Supreme Court of the United States blog Tue, 14 Feb 2012 20:42:12 +0000 hourly 1 http://wordpress.org/?v=3.2.1 http://www.scotusblog.com/2007/09/analysis-once-more-a-new-fourth-amendment-issue/#comment-12019 Jacob Berlove Wed, 26 Sep 2007 00:28:05 +0000 http://www.scotusblog.com/wp/uncategorized/analysis-once-more-a-new-fourth-amendment-issue/#comment-12019 Am I right to say that the argument for requiring supression in this case is that an arrest that violates state law is per se an unreasonable seizure under the fourth and fourteenth amendments? It surely is unreasonable for a government official to make a search or seizure that vilates the law of the land. If SCOTUS decides this in favor of the defendant, it could at least mitigate somewhat the effects of <i>Atwater</i>, whose Souter opinion combined with his vote in <i>Riverside</i> subjects every citizen who ever drives one MPH over the speed limit to 48 hours in jail at a police officer's whim, with no federal protection. Given that we have JGR and SAA instead of Janice Rogers Brown and SOC, I think there is no chance of a turnback of Atwater. And because the Virginia Supreme Court's ruling at first look seems so bizarre in providing a federal remedy to action that the the federal constitution allows to the states, I sadly have to say that I think it's safe to say that the decision will be reversed, with likely at least six votes for reversal. Am I right to say that the argument for requiring supression in this case is that an arrest that violates state law is per se an unreasonable seizure under the fourth and fourteenth amendments? It surely is unreasonable for a government official to make a search or seizure that vilates the law of the land. If SCOTUS decides this in favor of the defendant, it could at least mitigate somewhat the effects of Atwater, whose Souter opinion combined with his vote in Riverside subjects every citizen who ever drives one MPH over the speed limit to 48 hours in jail at a police officer’s whim, with no federal protection. Given that we have JGR and SAA instead of Janice Rogers Brown and SOC, I think there is no chance of a turnback of Atwater. And because the Virginia Supreme Court’s ruling at first look seems so bizarre in providing a federal remedy to action that the the federal constitution allows to the states, I sadly have to say that I think it’s safe to say that the decision will be reversed, with likely at least six votes for reversal.

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