Did anyone else notice this in Bailey v. United States from Justice Scalia’s concurring opinion, joined by Justices Ginsburg and Kagan.
But having received the advantage of Summers’ categorical authorization to detain occupants incident to a search, the Government must take the bitter with the sweet: Beyond Summers’ spatial bounds, seizures must comport with ordinary Fourth Amendment principles.
This phrase,”spatial bounds,” has been used in exactly one Supreme Court opinion before today. Justice Kennedy’s opinion in Lawrence v. Texas.
Liberty protects the person from unwarranted government intrusions into a dwelling or other private places. In our tradition the State is not omnipresent in the home. And there are other spheres of our lives and existence, outside the home, where the State should not be a dominant presence. Freedom extends beyond spatial bounds. Liberty presumes an autonomy of self that includes freedom of thought, belief, expression, and certain intimate conduct. The instant case involves liberty of the person both in its spatial and more transcendent dimensions.
How did neither RBG nor Kagan pick that up?! I saw it, and thought, no way Scalia would go there. He did.
I wonder if Nino was sending a signal to AMK about SSM?