Las Vegas Review-Journal

Do you have a warrant?

The Fourth Amendment prevails

- Asha Champagne Clark Las Vegas Lee Mallory Las Vegas

Because Americans have a right to be “secure in their persons, houses, papers and effects,” the Fourth Amendment bars the government from conducting “unreasonab­le searches and seizures” without judicial consent. It would seem to follow, then, that police officers don’t have the constituti­onal authority to poke around on private property without a warrant.

But over the years, the U.S. Supreme Court has — unfortunat­ely — created a so-called automobile exception to the Fourth Amendment that grants the authoritie­s more leeway to search vehicles on public streets in pursuit of illegal contraband.

This exception is what a police officer in Virginia’s Albemarle County was relying on when he walked up the driveway of a private residence and pulled back a tarp to find a stolen motorcycle. The owner of the home, Ryan Collins, was arrested on a charge of receiving stolen property. Mr. Collins sued, arguing the police had illegally searched his property.

On Tuesday, the justices ruled 8-1 that the officer erred by not obtaining a warrant. The decision imposes some much-needed limits on the power of law enforcemen­t to conduct vehicle searches and respects the right of citizens to be free from intrusion in their homes and surroundin­g property — called “curtilage” by the court.

“Nothing in our case law … suggests that the automobile exception gives an officer the right to enter a home or its curtilage to access a vehicle without a warrant,” Justice Sonia Sotomayor wrote for the majority. To hold otherwise would “render hollow the core Fourth Amendment protection the Constituti­on extends to the house and its curtilage.”

The decision is a victory for the Bill of Rights. And as the court’s current term winds down, the justices have the opportunit­y in a couple of pending cases to again stand up for the protection­s enshrined in the Constituti­on.

The justices will soon decide whether states may force employees to pay for labor representa­tion through collective bargaining, even if they are not union members. Let’s hope the court rules that the principles of freedom demand individual­s should be under no such obligation. The answer to the “free rider” issue is to rescind the union’s bargaining monopoly, not use the power of the state to garnish an employee’s paycheck for services he or she didn’t request in the first place.

The court will rule in the next few weeks whether the authoritie­s may skirt the Fourth Amendment by forcing cellphone companies to turn over records that allow the police to track the movements of a suspect. The justices should hold that requiring law enforcemen­t to obtain warrants for such snooping is perfectly consistent with constituti­onal requiremen­ts.

The views expressed above are those of the Las Vegas Review-journal. All other opinions expressed on the Opinion and Commentary pages are those of the individual artist or author indicated.

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Fax 702-383-4676 our legal leader. The person holding that office should soften his stance on minor offenses, spearhead policies that take into account a defendant’s financial situation and focus on rebuilding a broken criminal justice system to work for everyone.

This is why it’s so important for the citizens of Clark County to pay attention to the policies presented by those hoping to hold the office of district attorney.

We must demand that they reflect our community’s values. We need policies of reform, not more of the same incarcerat­ion. prosaic, literary without being self-indulgent ... he’s captured … human experience with seemingly bottomless wit and sincerity.”

Mr. Bracelin’s wonderful prose is as much keen perception as sheer poetry. Moreover, in a town where young entertaine­rs need worthy role models, insightful review and hard-earned coverage, writing such as Mr. Bracelin’s is not only informativ­e but inspiratio­nal.

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