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Interesting that he filed this only under his State's constitution in State court. I don't see why he couldn't have made a 4th Am. challenge under federal law t
by kingcharles 5y ago
Interesting that he filed this only under his State's constitution in State court. I don't see why he couldn't have made a 4th Am. challenge under federal law too, and filed in federal court. Although they may have passed on the State law aspect if they deemed it too complex.
A county court judge is woefully under-skilled and will almost certainly side with authorities and bump this to the appellate courts for a more in-depth legal examination.
Do we know if he has a collateral federal case?
- antognini 5y agoSome states have stronger protections in their state constitutions than the federal constitution provides. Montana, for instance, explicitly provides a right to privacy, whereas a "right to privacy" is at best implicit in the US Constitution. I don't know anything about the Tennessean Constitution to say if that's the reason though.
- kingcharles 5y agoI looked at it real quick, it's not one of the states that copy-pastes the 4th Am like a lot do, but it also doesn't seem to offer up any extra protections like some states do, as you mention.