Legal Opinion · Dissent

State v. Barnaby

Montana Supreme Court

Decided August 23, 2006No. 05-013Published

1DissentJustice Nelson

¶72 Although the right to be free from unreasonable searches and seizures encompasses more than the home, the home, nonetheless, is historically the raison d’etre for the constitutional protection. The people’s protection against unreasonable search and seizure in their “houses” was drawn from the English common-law maxim “A man’s home is his castle.” Minnesota v. Carter (1998), 525 U.S. 83, 94, 119 S.Ct. 469, 142 L.Ed.2d 373 (Scalia, J., concurring) (emphasis in original). “[EJvery man’s house is looked upon by the law to be his castle.” 3 W. Blackstone, Commentaries on the Laws of England…

2Cases cited66 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. United States v. LeonSupreme Court of the United States · 1984
  4. Aguilar v. TexasSupreme Court of the United States · 1964
  5. Spinelli v. United StatesSupreme Court of the United States · 1969

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