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Thursday, November 03, 2005

Creepy Child Molester Scalito
As was pointed out in the comments, Alito seems to think unauthorized strip searches of 10-year-old girls is just fine. From the opinion of Doe v. Groody:

The officers decided to search Jane and Mary Doe for contraband, and sent for
the meter patrol officer. When she arrived, the female officer removed both
Jane and Mary Doe to an upstairs bathroom. They were instructed to empty
their pockets and lift their shirts. The female officer patted their pockets. She
then told Jane and Mary Doe to drop their pants and turn around. No contraband
was found. With the search completed, both Jane and Mary Doe were returned to
the ground floor to await the end of the search.


The search warrant was for the man of the house and the officers felt the need to strip search a 10-year-old just in case she was hiding coke in her anus. While the majority disagreed and felt, quite reasonably, that search warrants don't entail strip searches of any children in a house, Scalito dissented:

ALITO, Circuit Judge, dissenting:
I would reverse the order of the District Court and direct that summary
judgment be entered in favor of the defendants.
...
I share the majority's visceral dislike of the intrusive search of
John Doe's young daughter, but it is a sad fact that drug dealers sometimes use
children to carry out their business and to avoid prosecution. I know of no legal
principle that bars an officer from searching a child...


What a perve! Screw Roe, why don't the senators just harp on the fact that he supported strip searching of children without probable cause? Some drug dealers plant drugs on children so all warrants then justify strip searching children? Even if there is no PC to suggest contraband has been stashed inside a 10-year-old it's ok to just assume there is PC because someone else has done it? Besides being creepy, this is sloppy legal thinking. The lesson here? Don't hang out at a drug dealer's house or you may end up with some cop's finger in your ass. Also, Scalito and the drug warriors need to step back, take a deep breath, and ask themselves if this is all worth it.

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