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Monday, March 20, 2006 

Posner and the 4th Amendment

While browsing How Appealing, I saw this intriguing quote...
"Contrary to popular belief, the Fourth Amendment does not require that a search be based on probable cause to believe that the search will yield contraband or evidence of crime. The amendment requires that warrants be based on probable cause, but forbids only unreasonable searches."
That's Judge Richard Posner of the 7th Circuit Court of Appeals writing in today's US v Burton. The opinion by Posner is joined by Judge Diane Sykes and Judge Ilana Rovner concurred in the judgment. I have to run to class, but I'm interested to see what this was about...

I read the fourth amendment after reading your post. I then read the case link you had. Where do you find those, by the way? Anyway, I'm no lawyer, but, from the dictates of the fourth amendment, and the opinion, they seem to fall in line. I'm glad I found your site. This is becoming of interest to me.

I usually find case links through other legal sites/blogs. Most of the good ones like Volokh and How Appealing will have links to the case PDF files.

An easier way to find the latest cases is to go to findlaw.com. Click on the "For Legal Professions" tab, that's the general research page. From there, click on "Cases & Codes", scroll down to find a list of the courts. You can click on the 7th Circuit to get a search page. There is also a link on that page to the most recent cases.

Generally, I think findlaw is easier to use than the actual courts' websites.

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