Magazine article The Nation

Mobile Castle

Magazine article The Nation

Mobile Castle

Article excerpt

As Herman Schwartz recently observed in The Nation, the conservative Justices on the Supreme Court "want judicial restraint only in the protection of individual rights" ["Reagan Packs the Federal Judiciary," May 4]. When it comes to upholding officialdom, they become flaming activits, especially in the area of search and seizure.

The latest depredation against the Fourth Amendment came last week in California v. Carney, a case involving the warrantless search of a recreational vehicle. After receiving a tip that a camper parked in a lot in downtown San Diego was being used for pot and sex parties, the police raided it and found quantities of the forbidden weed. Charles Carney, the owner of the vehicle, was arrested and convicted of possessing drugs for sale. On appeal the California Supreme Court held that his camper was a home and the cops should have obtained a search warrant before entering. …

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