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Alito: research?: Alito sided with the State in the strip search of a 10 .

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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 02:54 PM
Original message
Alito: research?: Alito sided with the State in the strip search of a 10 .
year old girl . . . . On AAR - Politically Direct with David Bender, just now.

How does one find out the name of the Case that the DA and Police were working on (that included this 10 yr old girl) and whatever became of it when they prosecuted it?

Note that Alito, a Prosecutors' Prosecutor, SIDED with the STATE. He is kind of Scarey!!!

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rosesaylavee Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 02:57 PM
Response to Original message
1. **Kind of** Scarey?
He's an asshat of the first water! That little girl should never have been violated that way.
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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:02 PM
Response to Reply #1
6. Also: Sentencing Guidelines are a "Justice" issue that HURTS
Edited on Sun Nov-13-05 03:06 PM by patrice
Mandatory Minimum Sentencing Guidelines are a "Justice" issue that HURTS the disadvantaged disproportionately harder than others. Judges on the Right and Left agree that Mandatory Minimum Sentencing Guidelines (MMSGs) don't work, because they don't replicate the function of human judgement, i.e. the judge's mind. The Poor and Troubled suffer the most in a "justice" system based on Money.

Alito is a Prosecutors' Prosecutor; his attitude to MMSGs will be to exacerbate the Harm and ANGER they create amongst Society's Wounded and Working Poor.
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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:08 PM
Response to Reply #1
8. Mea culpa: He's NOT Kind of Scarey. He's SCAREY.
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rosesaylavee Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:13 PM
Response to Reply #8
10. I am not convinced he will make to the January
hearings... he will withdraw and we will then have another wingnut to contend with. Besides his deplorable record on women, his ethics are questionable given his inability to decide when to recuse himself on the Vanguard issue. Just another loser that * admires. :eyes:

Didn't mean to jump on the kind of scary remark ... :hi:
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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:23 PM
Response to Reply #10
13. MORE Recusal Issues!!!! Really!
Edited on Sun Nov-13-05 03:24 PM by patrice
I have missed that point thus far. That was a big deal to me, and Others obviously, with Miers. Recusal is worth Drawing A Line. Torture Happened!!!

I will add recusal to my call/letter notes.
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rosesaylavee Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:30 PM
Response to Reply #13
15. When Sammy was appointed he said that he would recuse
himself on any Vanguard issues as he held stock to the tune of $300,000+. When he was hearing the case, the plaintiff found out his connection with Vanguard and he at first refused to recuse himself.

Yes, he is charmer.
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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:53 PM
Response to Reply #15
16. God, I'm Tired! of SNEAKS!!!
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 02:57 PM
Response to Original message
2. Here is a discussion at The Daily Kos
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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:21 PM
Response to Reply #2
11. Thanks folks, due-ly blogged. n/t
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Freedom_from_Chains Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 02:59 PM
Response to Original message
3. Try Doe v. Groody n/t
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patrice Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:04 PM
Response to Reply #3
7. Thanks. I shall take notes for my phone calls and letters.
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AX10 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 02:59 PM
Response to Original message
4. Alito is a pig to say the least.
I oppose his nomination.

:thumbsdown:
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MADem Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:02 PM
Response to Original message
5. What a subject header--I pictured that nitwit Bo Derek in that movie
with the braids......
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tx_dem41 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:09 PM
Response to Original message
9. I wonder if anyone is going to actually read the facts of the
case and the opinions. Hmmm.
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Nevernose Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:23 PM
Response to Reply #9
12. Just did. Fascinating technicalities of officer's immunities and warrants
The actual fill-in-the-blank search warrant versus the attached affidavit that the warrant was based upon.

http://caselaw.lp.findlaw.com/data2/circs/3rd/024532p.pdf

I would reverse the order of the
District Court and direct that summary
judgment be entered in favor of the
defendants. First, the best reading of the
warrant is that it authorized the search of
any persons found on the premises.
Second, even if the warrant did not contain
such authorization, a reasonable police
officer could certainly have read the
warrant as doing so, and therefore the
appellants are entitled to qualified
immunity.

...

In sum, the District Court erred in
denying the defendants’ motion for
summary judgment. 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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tx_dem41 Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 03:28 PM
Response to Reply #12
14. You and I will be flamed for it...
but I agree.
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Eric J in MN Donating Member (1000+ posts) Send PM | Profile | Ignore Sun Nov-13-05 04:32 PM
Response to Reply #12
17. The point is that Alito wantd to stop them from
ever presenting their case to a jury.
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