Posted by Brad @ 12:35 pm on August 25th 2010

Quote of the Day

A lot could be said of the recent 9th Circuit ruling that found that police sneaking onto a dude’s property and sticking a GPS tracking device on his jeep, without a warrant, was, in fact, legal. But as an interesting sidebar, absent the issue of whether a GPS device on a car requires a warrant, there is the question of whether sneaking onto a dude’s yard to plant on constitutes entering a person’s property. The 9th Circuit argued that no, in this case it did not, because dude didn’t have a fence. Therefore,

The dissenting judge, Chief Judge Alex Kozinski, makes a good point as it relates to judicial “diversity”:

The very rich will still be able to protect their privacy with the aid of electric gates, tall fences, security booths, remote cameras, motion sensors and roving patrols, but the vast majority of the 60 million people living in the Ninth Circuit will see their privacy materially diminished by the panel’s ruling…

There’s been much talk about diversity on the bench, but there’s one kind of diversity that doesn’t exist: No truly poor people are appointed as federal judges, or as state judges for that matter. Judges, regardless of race, ethnicity or sex, are selected from the class of people who don’t live in trailers or urban ghettos. The everyday problems of people who live in poverty are not close to our hearts and minds because that’s not how we and our friends live. Yet poor people are entitled to privacy, even if they can’t afford all the gadgets of the wealthy for ensuring it.

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