John Coffin v. Stacy Brandau

BARKETT, Circuit Judge, concurring in part and dissenting in part (joined by DUBINA, Chief Judge, and MARTIN, Circuit Judge):1

The majority’s opinion today does nothing less than eviscerate the once inviolate protections historically accorded the home by the Fourth Amendment of the United States Constitution. To accomplish this task, the majority ignores the most basic, bright-line principle of the Supreme Court’s Fourth Amendment jurisprudence: that warrantless searches and seizures occurring within the unambiguous physical dimensions of the home are presumptively unconstitutional. The…