- Rob Werking
Justice Gorsuch and the United States Supreme Court Gets One Right!!!!
Updated: Nov 23, 2020
The 4th Amendment Is Still Alive, But Barely.
The 4th Amendment to the United States Supreme Court reads as follows:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Article II Section 7 of the Colorado Constitution provides:
The people shall be secure in their persons, papers, homes and effects from unreasonable searches and seizures; and no warrant to search any place or seize any person or things shallowing issue without describing the place to be searched, or the person or thing to be seized, as near as may be, nor without probable cause, supported by oath or affirmation reduced to writing.
On October 9, 2020, the United States Supreme Court denied discretionary review (Certiorari) in the case of Vermont v. Blovat.
In summary, Vermont State Wildlife Officers believed that a Mr. Clyde Blovat was "deer jacking" or poaching deer illegally while out of season. Of course, the officers decided to simply walk onto his property and search the property without a search warrant. They allegedly found "deer hair" stuck in the hinges of his pickup truck (inside a shed on private property in which the officers were trespassing). The officers then took that information and applied for a search warrant citing the "deer hair" as evidence supporting probable cause to search.
PLAIN VIEW DOCTRINE
Law enforcement officers who are lawfully present in an area may seize evidence or contraband of a crime if the nature of the criminality of the evidence or contraband is readily apparent. Coolidge v. New Hampshire, 403 U.S. 443 (1971). Apparently the Vermont Supreme Court cannot read!
The plain view doctrine requires law enforcement to be legally or lawfully located at the time they allegedly see something that is criminal in plain view. Trespassing or entering onto a private person's property without a warrant to search for evidence is unlawful. The actions by the government were unlawful. However, the Vermont Supreme Court overlooked this fact in its quest to ensure that private individual right's do not interfere with the power of the government.
The Vermont Supreme Court upheld Mr. Blovat's poaching conviction and found the search was lawful. Yes, the Vermont Supreme Court (home of the leading socialist candidate) found that the government may unlawfully enter onto a property, find evidence, and then based on that evidence apply to a search warrant.
Thank goodness, Justice Neil Gorsuch saw through the idiocracy that is the Vermont Supreme Court and state unequivocally the search unconstitutional. Basically, he rebuked the Vermont Supreme Court and reiterated that police may not trespass onto property, in the middle of the night, searching for evidence to support a subsequent search warrant. The fact this case made it to the United States Supreme Court is terrifying!!!