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- NATION, Page 31American NotesTRIALSBe It Ever So Humble . . .
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- A man's home is his castle, even if home is a park bench or
- a cardboard box under a highway bridge. And a man's
- possessions, like his home, are protected by the Constitution
- from unlawful searches. That was the thrust of a Connecticut
- Supreme Court ruling last week that ordered a new trial for
- David Mooney, a homeless man charged with murder because his
- property -- a duffel bag and a box stashed under a ramp leading
- onto Interstate 91 in New Haven -- had been searched by police
- without a warrant. "His duffel bag was luggage," observes
- criminal-law professor Lloyd Weinreb of Harvard. "If someone
- were walking down the street with a suitcase, everyone would
- take it for granted that it was private property." The court
- ruled that the bloodstained pants and $700 in coins found in
- the bag were inadmissible as evidence.
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- In a separate case involving a similar principle, a federal
- judge held the city of Miami in contempt of court last week for
- destroying bedrolls, clothes and medicine belonging to homeless
- people living under a highway overpass. The city was ordered
- to pay $2,500 to a homeless shelter.
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