Coronavirus Diary (28): The Fifth Amendment Under Quarantine

The Attorney General (of New Jersey) needs to explain whether the Fourth and Fifth Amendments have literally been suspended in Essex County, where enforcement actions have been stepped up considerably (especially in Newark, Irvington, Orange, and East Orange).

In order to be stopped by the police, there must be reasonable suspicion of the commission of an infraction within the jurisdiction of the officer doing the stop. The mere presence of a person in public cannot constitute reasonable suspicion of any infraction, including Executive Order 107.* So we need to know: do Fourth Amendment strictures still apply, or have they been discarded for the duration of the order? Continue reading