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American Morning

Ask CNN: How Do You Think Rehnquist Court will Respond to Future Challenges to Legislation Giving Enforcement Agencies More Leeway Regarding Searches and Seizures?

Aired December 27, 2001 - 09:56   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.
(BEGIN VIDEOTAPE)

ERIN LOVE: Hi, my name is Erin Love. I'm from Denver Colorado, and I would like to ask CNN, how do you think the Rehnquist court will respond to future challenges to the legislation that is giving enforcement agencies more leeway with regard to searches and seizures?

GRETA VAN SUSTEREN, CNN LEGAL ANALYST: Erin, you have asked a fascinating question, since our world has changed so much since September 11th. But the truth is, that there is no way it jump inside the nine justice's minds and try and guess how they will rule on any particular case in the future.

The best I can offer to you is my opinion on the direction and the trend of decisions in the United States Supreme Court. In the last 20 years, and even before September 11th, the court has carved more and more exceptions into the Fourth Amendment to the Constitution, which governs search and seizures. In other words, the court has relaxed its strict rule of the Fourth Amendment. It would not surprise me if the court said the world has changed, and because the constitution is a living document, which must combine the framer's intent with the changing world and times, new search-and-seizure legislation would be more likely to be up held than struck down.

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