Tuesday, November 01, 2005

Power Line takes on Alito's "strip search" case.

How About That "Strip Search" Decision?


Liberals' reference to a "strip search" by officers will evoke images of slavering voyeurs gratuitously disrobing a mother and child, so it is important to understand what really happened.

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.

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It's not important to the libs to understand what really happened. They want to invoke those kinds of images. Hell if the blogs weren't around the libs would be telling the story as if Alito did the search!

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Judge Alito made it clear that he was not pleased by the fact that searches of this nature may be necessary. But, as in so many other instances, the problem doesn't arise from gratuitous malice on the part of police officers, it arises from the tactics of drug dealers:

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 (in a proper manner) if a warrant has been issued and the warrant is not illegal on its face. Because the warrant in this case authorized the searches that are challenged – and because a reasonable officer, in any event, certainly could have thought that the warrant conferred such authority – I would reverse.

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the problem doesn't arise from gratuitous malice on the part of police officers, it arises from the tactics of drug dealers:


Well said.