{"id":30253,"date":"2017-11-22T00:00:16","date_gmt":"2017-11-22T05:00:16","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=30253"},"modified":"2017-11-21T20:59:38","modified_gmt":"2017-11-22T01:59:38","slug":"cato-protecting-the-home-from-warrantless-searches","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=30253","title":{"rendered":"Cato: Protecting the Home from Warrantless Searches: <em>Collins v. Virginia<\/em>"},"content":{"rendered":"<p>Cato: <a href=\"https:\/\/www.cato.org\/blog\/protecting-home-warrantless-searches\">Protecting the Home from Warrantless Searches<\/a> by Jay Schweikert:<br \/>\n<!--more--><\/p>\n<blockquote><p>\u201cA man\u2019s home is his castle\u201d\u2014this is not just an aphorism, but a longstanding legal principle. From Biblical times through to the English common law, the home was recognized as a place of refuge in which the owner is protected against uninvited private parties and unjustified government intrusion. That legal shield against arbitrary invasions of the home was embodied in the Fourth Amendment, which resulted in large measure from Americans\u2019 reaction to the British authorities\u2019 use of general warrants to search colonists\u2019 homes without individualized suspicion. As a result of this history, \u201cwhen it comes to the Fourth Amendment, the home is first among equals.\u201d\u00a0Florida v. Jardines, 569 U.S. 1, 6 (2013).\u00a0<\/p>\n<p>In Collins v. Virginia, the issue before the Supreme Court is whether a police officer, uninvited and without a warrant, may enter private property, approach a home, and search a vehicle parked just a few feet from the house. Cato has filed a brief arguing that permitting such a practice would be squarely inconsistent with the Fourth Amendment\u2019s special solicitude for the privacy of the home. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Cato: Protecting the Home from Warrantless Searches by Jay Schweikert:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[100,83],"tags":[],"class_list":["post-30253","post","type-post","status-publish","format-standard","hentry","category-common-law","category-scotus"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30253","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=30253"}],"version-history":[{"count":2,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30253\/revisions"}],"predecessor-version":[{"id":30255,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/30253\/revisions\/30255"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=30253"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=30253"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=30253"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}