{"id":52006,"date":"2022-04-04T07:03:08","date_gmt":"2022-04-04T12:03:08","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52006"},"modified":"2022-04-04T07:03:08","modified_gmt":"2022-04-04T12:03:08","slug":"reason-one-cheer-for-stephen-breyer","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52006","title":{"rendered":"Reason: One Cheer for Stephen Breyer"},"content":{"rendered":"\n<p>Reason: <a href=\"https:\/\/reason.com\/2022\/04\/04\/one-cheer-for-stephen-breyer\/\">One Cheer for Stephen Breyer<\/a> by Damon Root:<\/p>\n\n\n\n<!--more-->\n\n\n\n<blockquote class=\"wp-block-quote is-layout-flow wp-block-quote-is-layout-flow\"><p>Take the 2014 case Navarette v. California. At issue was an anonymous and uncorroborated 911 phone call about an allegedly dangerous driver, which led the police to make a traffic stop that led to a drug bust. According to the 5\u20134 majority opinion by Justice Clarence Thomas, &#8220;the stop complied with the Fourth Amendment because, under the totality of the circumstances, the officer had reasonable suspicion that the driver was intoxicated.&#8221; Law enforcement won big, and Breyer signed on.<\/p><p>The deficiencies of that judgment were delineated in a forceful dissent by Justice Antonin Scalia. &#8220;The Court&#8217;s opinion serves up a freedom-destroying cocktail,&#8221; wrote Scalia, who was joined by Justices Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan. &#8220;All the malevolent 911 caller need do is assert a traffic violation, and the targeted car will be stopped, forcibly if necessary, by the police.&#8221; That disturbing scenario, Scalia wrote, &#8220;is not my concept, and I am sure it would not be the Framers&#8217;, of a people secure from unreasonable searches and seizures.&#8221; Breyer apparently was untroubled by that Fourth Amendment\u2013shredding scenario.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"<p>Reason: One Cheer for Stephen Breyer by Damon Root:<\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[83],"tags":[],"class_list":["post-52006","post","type-post","status-publish","format-standard","hentry","category-scotus"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52006","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=52006"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52006\/revisions"}],"predecessor-version":[{"id":52007,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52006\/revisions\/52007"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52006"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52006"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52006"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}