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- Title
Justice Powell's Garden: The Ciraolo Dissent and Fourth Amendment Protection for Curtilage-Home Privacy.
- Authors
Hancock, Catherine
- Abstract
The article focuses on the dissent authored by the U.S. Supreme Court justice Lewis F. Powell regarding the decision of the court case California v. Ciraolo. It reports that the case involved aerial surveillance of incriminating evidences in accused's enclosed backyard, by the police officers. The decision sanctioned the aerial surveillance against the Fourth amendment's prohibitions of ground surveillance and mentions Powell's disagreements over the decision. Powell opined home and curtilage privacies as essential elements of the amendment and showed concern towards police intrusions of the households. It discusses the principles regarding home privacies, outlined by Powell in the judgment. Also mentioned are the implications of Powell's dissent on the decisions of future court cases.
- Subjects
UNITED States; CALIFORNIA v. Ciraolo (Supreme Court case); DISSENTING opinions (Law); JUDICIAL opinions; POWELL, Lewis F., 1907-1998; POLICE surveillance; UNITED States. Constitution. 4th Amendment; RIGHT of privacy; UNITED States. Supreme Court
- Publication
San Diego Law Review, 2007, Vol 44, Issue 3, p551
- ISSN
0036-4037
- Publication type
Article