Legal Opinion · Dissent
People v. Ovieda
California Court of Appeal, 5th District
Decided January 17, 2018No. 2d Crim. No. B277860Published
1Dissent
PERREN, J., Dissenting.
I respectfully dissent.
Chief Justice Gibson's "judicial seed" will not blossom in this fallow field.
Freedom from unreasonable government intrusion is at the core of the Fourth Amendment, which "draws 'a firm line at *74the entrance to the house.' " ( Kyllo v. United States (2001) 533 U.S. 27, 31, 40, 121 S.Ct. 2038, 150 L.Ed.2d 94.) " '[P]hysical entry of the home is the chief evil against which ... the Fourth Amendment is directed.' [Citation.] And a principal protection against *624unnecessary intrusions into private dwellings is the warrant requirement imposed by the Fourth…
2Cases cited17 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Payton v. New YorkSupreme Court of the United States · 1980
- District of Columbia v. HellerSupreme Court of the United States · 2008
- Brigham City v. StuartSupreme Court of the United States · 2006
- Welsh v. WisconsinSupreme Court of the United States · 1984
12 more not listed; retrieve them via the Exa API.