For several years the American Judges Association annual meeting has had the pleasure of a United States Supreme Court review by Dean Erwin Chemerinski. He will be speaking in New Orleans again this October, but in the meantime a commentary he wrote for the National Law Journal is worth reading. The article  begins: 

The Court and the Fourth Amendment

The Justices tend to find a violation if they can imagine the search applying to them personally.

By Erwin Chemerinski

UC Irvine School of Law Dean Erwin Chemerinsky

I long have believed that the best predictor of whether the U.S. Supreme Court finds a violation of the Fourth Amendment is whether the justices could imagine it happening to them. For example, the Supreme Court upheld drug-testing requirements in every case until it considered a Georgia law that required that high-level government officials be subjected to it. The two Fourth Amendment decisions this term, U.S. v. Jones and Florence v. Board of Chosen Freeholders of Burlington County, powerfully illustrate that the justices only seem to care if it could happen to them.  

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