We dedicated ourselves to a powerful idea - organic law rather than naked power. There seems to be universal acceptance of that idea in the nation.
Potter StewartRead
The 4th Amendment and the personal rights it secures have a long history. At the very core stands the right of a man to retreat into his own home and there be free from unreasonable governmental intrusion.
Interpretation
The 4th Amendment protects individuals from unwarranted government intrusion into their homes.
This quote emphasizes the importance of the 4th Amendment in safeguarding personal privacy and the right to be free from unreasonable searches and seizures by the government. It highlights the constitutional principle that individuals have the right to retreat into their homes, where they should feel secure and private from external interference, particularly from governmental authorities.
In practice
This quote can be used in a discussion about individual rights during a legal seminar.
We dedicated ourselves to a powerful idea - organic law rather than naked power. There seems to be universal acceptance of that idea in the nation.
Ethics is knowing the difference between what you have a right to do and what is right to do.
A person's mere propinquity to others independently suspected of criminal activity does not give rise to probable cause to search that person.
It must always be remembered that what the Constitution forbids is not all searches and seizures, but unreasonable searches and seizures.
Swift justice demands more than just swiftness.
For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.
Ignorance of the law excuses no man; not that all men know the law, but because 'tis an excuse every man will plead, and no man can tell how to refute him.
In the last analysis, our every right is only worth what our lawyer makes it worth.
The agreement of the parties cannot make that good which the law maketh void.
When I was a practising lawyer in the family court, there were too many judges who, when you left their courtroom, you didn't know whether you'd won or whether you'd lost.
The hardest problems of all in law enforcement are those involving a conflict of law and local customs. History has recorded many occasions when the moral sense of a nation produced judicial decisions, such as the 1954 decision in Brown v. Board of Education, which required difficult local adjustments.
The constitution is either a superior paramount law, unchangeable by ordinary means, or it is on a level with ordinary legislative acts, alterable when the legislature shall please to alter it. It is emphatically the province and duty of the judicial department to say what the law is. This is the very essence of judicial duty.
Subscribe for the occasional hand-picked quote. No noise.