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: How Appealing

"[This is] the only case I know of, in any jurisdiction covered by the Fourth Amendment, where invasion of the home has been approved based on no showing whatsoever. Nada. Gar nichts. Rien du tout. Bupkes."

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"[This is] the only case I know of, in any jurisdiction covered by the Fourth Amendment, where invasion of the home has been approved based on no showing whatsoever. Nada. Gar nichts. Rien du tout. Bupkes." So writes Chief Judge Alex Kozinski, dissenting today from the Ninth Circuit's denial of rehearing en banc in a case. In something of a surprise, only one other judge on that court has joined in Chief Judge Kozinski's dissent. Of course, that doesn't mean no other judges voted in favor of granting rehearing en banc.

The original three-judge panel Ninth Circuit ruling in the case, which will not be reheard en banc, can be accessed here.

At the "Last Blog on Earth" of San Diego CityBeat, Dave Maass has a post titled "Appellate judge slams his colleagues, suggests SD police lied in warrantless search case."

Full post as published by How Appealing on February 18, 2010 (boomark / email).

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