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The Fourth Amendment, Science, And The War On (Some People Who Use Some) Drugs

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Two Fourth Amendment cases yesterday, with one dubious search upheld and another thrown out.

As I say at the link, the cases also indicate a couple of important things about the current Court. First of all, as I assume is now obvious to everyone with the possible exceptions of Ann Althouse and David Nieporent, Alito is the most consistent reactionary on the Supreme Court. (“Scalito” was indeed a label that was misleading and unfair — to Scalia.) And, second, as the unanimous decision to uphold a search in which the probable cause was established by a drug-sniffing dog that managed to produce two false positives out of two searches indicates, this Court lacks a single civil libertarian in the Douglas mold (and Breyer, one of the Democratic appointees, is sometimes to the right of Scalia on 4th Amendment issues.)

UPDATE: An excellent piece from Julian Sanchez explaining why relying on certification is grossly inadequate.

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