Tuesday, January 25, 2005

More on Caballes and the Drug War

It comes as no surprise, but my concerns about the Supreme Court's lopsided decision against personal integrity and security in yesterday's Caballes decision are shared by others.

New York-based blogger "KipEsquire" writes:

The Supreme Court has handed down an utterly terrifying holding today further undermining the Fourth Amendment in the name of the "War on Drugs."

* * *

The implications of Caballes are utterly staggering. As both Justice Souter and Justice Ginsburg observe in their dissents, there can now be no question that random, suspicionless drug-sniffing dog sweeps of unoccupied vehicles in parking lots or garages and on curbsides would almost certainly be completely permissible under the Fourth Amendment.

The total elevation of the sniffing dog above the human being is now nearly complete. Only one basic dignity has yet to be eradicated -- the dog sniff of a person has not yet been sanctioned. Yet.

With nauseating decisions like Caballes being handed down with 6-2 majorities, it's probably only a matter of time.
Stay tuned. More complaints -- and substantial analysis -- are sure to follow.

No comments: