Wednesday, November 02, 2005

Groody to the max

Q and O offers this take on Doe v. Groody

TBogg writes...
Clarence Thomas to be joined by man after his own heart. In Doe v. Groody, Alito agued that police officers had not violated constitutional rights when they strip searched a mother and her ten-year-old daughter while carrying out a search warrant that authorized only the search of a man and his home. [Doe v. Groody, 2004]
What's this? Alito argued that the Police had a Constitutional right to search somebody, despite not having them listed on the warrant? Well, actually, no. The search warrant specifically did allow for their search. As Judge Alito wrote...
First, there is no doubt that the search warrant application sought permission to search all occupants of the premises. Indeed, the application made this request in three separate paragraphs.
The actual warrant was typed (and authorized by the magistrate, unchanged) by the same officers who had written the application—and presumably had reasonable expectation that it meant the same thing. Most important, however, is the fact that the officers had probable cause to search the other occupants of the house. I'm very curious to know when Duncan Black, TBogg, et al, decided that "probable cause" was no longer operative.

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