Sonia Sotomayor's devastating defense of civil liberties

Her opinion in Utah v. Strieff was a masterpiece

Supreme Court Justice Sonia Sotomayor
(Image credit: Southcreek Global/ZUMApress.com)

Sonia Sotomayor's opinion Monday in the Supreme Court's Utah v. Strieff ruling was a masterpiece. It will be widely and deservedly quoted for years for its deep understanding of why Fourth Amendment violations matter. Unfortunately, her opinion was a dissenting one, in part because Stephen Breyer, a fellow Democratic nominee, doesn't really get the Fourth Amendment.

Edward Strieff was stopped by the police coming out of a house suspected to be a site for drug sales. This search — as the state of Utah did not even dispute — violated the Fourth Amendment, which requires more cause for a citizen to be stopped and have their identification checked. However, the police ended up finding that Strieff had a warrant for an outstanding traffic violation. This was used to justify searching his car, which uncovered illegal drugs and drug paraphernalia, leading to him being charged. The Utah Supreme Court held that this evidence had to be excluded because it was the fruit of the initial illegal stop of the defendant.

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Scott Lemieux

Scott Lemieux is a professor of political science at the College of Saint Rose in Albany, N.Y., with a focus on the Supreme Court and constitutional law. He is a frequent contributor to the American Prospect and blogs for Lawyers, Guns and Money.