or
Join Now!
|
|
Home/Government/Politics
|
| Forum |
Ask A Question |
Question Board |
FAQs |
Search |
Return to Question Board
| Question Details |
Asked By |
Asked On |
| Alito - just another liberal. |
excon |
11/01/05 |
Hello verywrongwingers:
I’m a Constitutionalist, like you pretend to be. I would like a SC that would interpret the Constitution as it was written. If only we could get people like that.......... But, we don’t.
The Fourth Amendment says that we should be protected from “unreasonable searches” The authority for any anticipated search, is a judge who issues the warrant, specifying the places and the person to be searched.
In Doe v. Groody (2004), Alito wrote that “reasonable police officers” could interpret the warrant to mean that they could search something different.
Gee, the Constitution doesn’t give the cops any authority to do that. It looks like a “NEW” law to me. Looks like legislating from the bench, to me. Looks like cops have new authorities never written down by our founders. If the founders thought a judge should make that decision, then that’s good enough for me.
But no. An “activist” judge is only ACTIVE if he makes law the right wing DISAGREES with.
Alito is as liberal as you get, if changing the Constitution to mean what you want it to mean is a liberal idea.
excon
|
Clarification/Follow-up by tomder55 on 11/01/05 12:43 pm:
I only briefly read the summary . The' all persons' warrant was issued because there was recent drug transactions there . That would not be the case in my house ;not recently anyway.
Doe v. Groddy was ruled in favor of the plaintiffs in the 3rd U.S. Circuit Court of Appeals .They ruled that the strip-search exceeded the scope of the search warrant in this case, and, in the absence of probable cause, violated the plaintiffs' Fourth Amendment rights.
I do not know if that means the 'all person' warrant was unconstitutional or that strip searching went beyond the scope of " reasonable " .The search warrant after all specifically did allow for their search. 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.
Alito felt the police had behaved reasonably because the warrant led them to conclude that there was probable cause to search everyone in the house for drugs. The rest of the court decided differently .I have to conclude that they were uncomfortable with the idea of a strip search of a 10 year old .I can't blame them ,even though the judge correctly pointed out that children have been used by dealers in the opast to trasport drugs.
He has hundreds of decisions and opinions published . With enough research I bet it wouldn't be hard to find a ruling you approve.
|
| |
|
Your Options |
Additional Options are only visible when you login! !
|
|
|
|
