Opinion

United States v. Carpenter, Sheila

  • 360 F.3d 591
  • 2004 WL 419906
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 9, 2004
Status
Published
Author
Martin
On the bench
Batchelder, Boggs, Clay, Cole, Daughtrey, Gibbons, Gilman, Martin, Moore, Siler
Cited by
1 cases

The opinion

BOYCE F. MARTIN, JR., Circuit Judge,

dissenting.

I join Judge Moore’s very persuasive dissent and add only the following. Given the sophisticated technologies that the police now have at their disposal, as well as the wide discretion that they currently enjoy, it is especially important that we are careful not to expand their powers beyond what is authorized by the Constitution. In this case, the Constitution has been set aside in the name of expediency. Regrettably, we have descended further down that slippery slope of post-hoc rationalization, where everything that the police do becomes acceptable when viewed in retrospect.

For the reasons set forth by Judge Moore and for these reasons, I respectfully dissent.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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