Scalia asked if it would be a Fourth Amendment violation if cleaning crews were to have looked through Ortega's desk and papers.
The Court's Reasoning The Court ruled there had been no First Amendment violation.
The district court found that no Fourth Amendment violation occurred, and a panel of the Ninth Circuit agreed.
Consequently, the city is arguing, adding this element to a lawful roadblock could not logically result in a Fourth Amendment violation.
"If I see First Amendment violations, I will speak up."
The defendants argued that the use of this device was a Fourth Amendment violation.
Since there was no search and seizure there was not a Fourth Amendment violation.
There was no search and seizure and hence no Fourth Amendment violation because this information could be gathered by the public through observation.
For the first time in its history, the court assumes that an inference can amount to a Fourth Amendment violation.
If you make them responsible for determining what is infringing, they will be found guilty of 1st Amendment violations or of copyright violations.