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One important issue is that of how much emphasis is to be placed on coherence in justifying a judicial decision. In commenting on the dearth of precedents for similar intentional trespasses and invasions of privacy, the court in Miller noted There is little California case law based upon facts showing actual physical intrusion to assist us in making this determination, probably because even today most individuals not acting in some clearly identified official capacity do not go into private homes without the consent of those living there; [FN6] not only do widely held notions of decency preclude it, but most individuals understand that to do so is either a tort, a crime, or both.
Pages: 36
Publisher: Gale, U.S. Supreme Court Records (October 30, 2011)
ISBN: 1270704753
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