What of these pat-down frisks for weapons, without cause and on mere subjective suspicion; would the Framers have tolerated them? “I frankly doubt, moreover, whether the fiercely proud men who adopted our Fourth Amendment would have allowed themselves to be subjected, on mere suspicion of being armed and dangerous, to sudden indignity…” Justice Scalia. However we generally do not have constitutionalists on the courts these days, but instead political myrmidons.
|
| Return to Legal Nuggets |
|
|