Ruffin v. State

MOYLAN, Judge.

The interesting aspect of this case is the opportunity to observe the fundamentally different natures of the contrasting issues of Fourth Amendment applicability and Fourth Amendment satisfaction. The former is concerned solely with the coverage of the Fourth Amendment; the latter, with the merits of Fourth Amendment reasonableness. The former involves the very threshold of the entitlement to litigate; the latter involves the actual merits of that *95litigation. What the searching policeman reasonably believes or reasonably does is immaterial to Fourth Amendment applicability; it…