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Miranda, In Custody, At Home

I just pulled up this opinion, which I'm now reading.  Seems exciting:  The home occupies a special place in the pantheon of constitutional rights. Under the First Amendment, the ?State has no business telling a man, sitting alone in his house, what books he may read or what films he may watch.? Stanley v. Georgia, 394 U.S. 557, 565 (1969). The Second Amendment prohibits a federal ?ban on handgun possession in the home.? District of Columbia v. Heller, 554 U.S. ___, ___ (2008), slip op. 64. The Third Amendment forbids quartering soldiers ?in any house? in time of peace ?without the consent of the Owner.? U.S. CONST. amend. III. The Fourth Amendment protects us against unreasonable searches or seizures in our ?persons, houses, papers, and effects...continue to full post

Full post as published by Crime & Federalism on August 21, 2008 (boomark / email).