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This is the case we can use to destroy Scalito

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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:17 PM
Original message
This is the case we can use to destroy Scalito
Doe v. Groody.

http://vls.law.villanova.edu/locator/3d/March2004/02453...

It's a fairly technical analysis of a search warrant. The majority opinion, you'll notice, was authored by none other than Michael Chertoff.

Alito dissented from THAT right-wing monster's opninion.

Although the case is technical, what it boils down to is this: Alito approves of cops strip-searching little pre-pubescent 10 year old girls.

Read that again: Alito approves of cops strip-searching little prepubescent 10 year old girls.

Shout it from the mountain tops!

"Scalito's Way" is NOT the American Way.
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oregonindy Donating Member (790 posts) Send PM | Profile | Ignore Mon Oct-31-05 01:18 PM
Response to Original message
1. maybe mcarthy's way thought...wow. I feel icky just reading that.
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:27 PM
Response to Reply #1
4. Are you saying it's
MacCarthy-esque to point out the fact that Scalito has a RECORD of arguing in favor of strip-searching little ten year old prepubescent girls?

Drug case or no, you don't let a cop just strip search a little girl and her mommy. The warrant said nothing about mommy and the little girl being suspects.

Scalito's a creep. When a man thinks like that, you have to wonder what he's done to his own children.

Yeah, that's mean. And it's TIME to be mean. Is freedom worth fighting these fascisti? Is America worth it?

I say it is.
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oregonindy Donating Member (790 posts) Send PM | Profile | Ignore Mon Oct-31-05 01:30 PM
Response to Reply #4
7. no I'm saying mcarthy would be for the strip search.
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:35 PM
Response to Reply #7
12. OK. Had me scared for a minute,
The whole case just makes me shiver. I have daughters that age. Who wouldn't I try to kill, cop or not, if they tried to do that to my babies?

What's more, Scarlito has a teenage daughter. And he'd let the cops do that to HER? (That's the Michael Dukakis/Willie Horton nexus. Let's hope somebody reads this thread who can get it to a Dem on the Judiciary COmmittee.)

Query: Would Scarlito allow his daughter to be strip searched w/o a warrant?
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bunkerbuster1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:31 PM
Response to Reply #4
8. It would be wrong to say Alito wants to strip search 10-year-old girls
for meth. Very wrong. So let's not say it.

Any more often than, oh, twenty times per hour.
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 02:10 PM
Response to Reply #8
18. And from every hilltop, moutain and molehill!
The kind of thinking that produces an opinion such as this represents a very real, clear, present danger to our Republican form of government based upon principles of representative democracy.

And this creep would also like to strike down the Family and Medical Leave Act. Chittister v. Department of Community and Economic Development.

Great guy . . . NOT!
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ninkasi Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 02:28 PM
Response to Reply #18
19. More conservative family values
Yep, that's them. The oh, so "moral" Republicans. Family, family, family. Except NO FMLA, according to them, and yeah, it's fine to strip search a 10 year old girl. These creeps make me sick. They're all perverts.
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 03:11 PM
Response to Reply #19
20. I've got a feeling I'll have quite a bit of fun
with this tonight on the show.
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 03:26 PM
Response to Reply #20
21. I am looking forward to it!
:evilgrin:
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bunny planet Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 07:20 PM
Response to Reply #4
28. Randi said today that he isn't married and doesn't have any children.
That would explain how he rules against the rights of woman.
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IndyOp Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 07:38 PM
Response to Reply #28
29. Alito is married with a teenaged son & teenaged daughter --
Here is the family standing in front of The Big Dog's painting:

<http://www.democraticunderground.com/discuss/duboard.ph... >

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ollie79 Donating Member (106 posts) Send PM | Profile | Ignore Mon Oct-31-05 01:31 PM
Response to Reply #1
9. I like it!
Run with it! He is definitely a radical right wing monster maniac!!!
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RadiDem Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:22 PM
Response to Original message
2. If it wasn't a drug case, I'd agreee
Joe Six Pack will feel that the fact that the house was full of drugs, gives the cops the right to strip search a 10 year old, as drugs are somethimes hidden in kid's clothes.
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hobbit709 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:26 PM
Response to Reply #2
3. Drugs or not
of course we all know the Constitution was tossed out the window long before shrub when it came to drug cases.
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sandnsea Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:28 PM
Response to Reply #2
6. no they will not
This guy has no respect for family. Not the Family Leave Act, not the protection of daughters at college, not even ten year old girls who are the victims of bad parents and should be protected, not assaulted. This will not be received well anywhere.
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pretzel4gore Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:35 PM
Response to Reply #2
11. ferchrissake drugs! the local walmart's fulla drugs!
wallgreen and your local pharmacy have drugs coming outta the old men's assholes, tonnes of drugs! they use transport trucks to move the dope around warehouses, amphetemines, opiates, you name it, the drug pushers are big time, and it's all legal.... but you say strip searching a girlchild, who might not want that to happen, is ok? and if the pig sticks a thumb up the kid, that's ok too? can the child be shot, then opened up for confirmation? would that be too surreal, like shooting a young brazilian man who digs england a dozen times in the head?
the real 'dope' pusher (and it'd bad dope imustsay) are the pigmedia whores who try to push 'told me by a guy in the bar' stuff with actual facts, and displacing the facts in doing so....fox/cnnt/nbc/cbs/pbs/abc/reuters/ap etc are the real pushermen in our societies
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progressivebydesign Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:40 PM
Response to Reply #2
14. Sadly most drug biz people don't really give a shit about their kids...
if they did, they wouldn't have that crap in the house, nor bring the criminal element around their kids daily. My favorite outrage is the parents screaming that the police raided their crack house violently, endangering their children... um... if your kids are living in a crack house, your kids are already in danger.

In the case of strip searching little kids. It's vile. And it's vile to think of parents who hide drugs on or in their children's bodies. In that case, the child needs to be taken into a private place and checked out by a female officer trained to work with kids. And the parents should be thrown in jail forever if they have planted drugs on their kids to avoid their own arrest.

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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 03:58 PM
Response to Reply #2
22. Joe Six Pack - Just let him know the cops can strip HIS daughter now. nt
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 04:35 PM
Response to Reply #22
23. Exactly!
Why, under Scarlito's Way, those Texas ABC agents could've strip-searched poor Jenna when she got busted slamming tequilas in that Austin roadhouse!

:cheers:
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 04:37 PM
Response to Reply #23
24. I could sell the photos of THAT on the internet and make MILLIONS.
:evilgrin:
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 04:42 PM
Response to Reply #24
25. Millions?
You're thinking small again, Ben! Jenna getting strip searched would be bigger than the Paris Hilton video AND the Pamela Anderson video all rolled together!

:rofl:
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 05:25 PM
Response to Reply #25
26. See?
This is why I am not rich.
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Nikki Stone 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:28 PM
Response to Original message
5. Really disturbing.
Edited on Mon Oct-31-05 01:31 PM by Nikki Stone 1
"...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..."

Mary Doe was a ten-year-old. The target was a male (John Doe) who was not there.

Alita:

"In sum, the District Court erred in
denying the defendants motion for
summary judgment. I share the majoritys
visceral dislike of the intrusive search of
John Does 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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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:32 PM
Response to Reply #5
10. For a ten year old prepubescent girl
Edited on Mon Oct-31-05 01:32 PM by GrpCaptMandrake
that's tantamount to a lesbian rape. And to have your Mommy powerlessly forced to watch!

Jesus! You couldn't show that in a Quentin Tarrantino movie w/o an NC 17 rating! Larry Flynt would be banned in Cincinnati if he showed that in Hustler.

But Scalito thinks it's OK.

Let's destroy him with this. He's a sick, perverted rape-enabler.
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Daphne08 Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 10:37 PM
Response to Reply #5
34. VERY Disturbing!
MY God! What is wrong with these people that they would condone that?

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ray of light Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:38 PM
Response to Original message
13. read page 6.
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:43 PM
Response to Reply #13
15. The most disturbing part of
the majority opinion, since they did manage to reach the right result, is that Michael Chertoff is the author. Michael Chertoff! And Chertoff's too liberal for Alito!

Ewwwwwwwwwww!
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ray of light Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 01:47 PM
Response to Reply #15
16. The face of the search warrent does not grant a strip search...
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 02:06 PM
Response to Reply #16
17. No, it doesn't
Neither did the Pennsylvania Husband notification law say anything about "perceived problems--such as economic constraints, future plans or the husband's previously expressed opposition." But that didn't stop Scarlito's Way from just making that crap up, either in an attempt to make Pennsylvania women beg their husbands for the right to end a pregnancy they didn't want.

Christ, but this man is NASTY!

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existentialist Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 05:45 PM
Response to Original message
27. Thank you.
I copied the case. I am reading it, and I'll present it to my criminal justice class tonight.
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IndyOp Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 07:41 PM
Response to Reply #27
30. Wicase - I'd love to be in your criminal justice class!
:yourock:
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GrpCaptMandrake Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-01-05 12:21 AM
Response to Reply #27
35. It is my honor, Wicasa
Edited on Tue Nov-01-05 12:33 AM by GrpCaptMandrake
The more you look at this guy, the more you find that he's just another Bushevik sycophant. He's being rewarded for being a screw-up. Most of the stuff for which he's revered by the right occurs in his dissenting opinions.

Bush wants a guy who's been consistently WRONG in the eyes of his peers, including but not limited to MICHAEL FREAKING CHERTOFF.

Just how weird can this guy be?!

On edit: clean up ambiguous subject line
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snowbear Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 07:43 PM
Response to Original message
31. Wow.. I wish someone was keeping track of all these finds!
There's been several controversial issues on this site throughout the day regarding Scalito.. and none of them duplicates from what I can tell.

I agree... he's NOT the "American Way"

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smiley_glad_hands Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 08:23 PM
Response to Original message
32. In her own home no less. eom
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benburch Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Oct-31-05 09:27 PM
Response to Original message
33. KICK! nt
:kick:
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BamaBecky Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-01-05 08:45 AM
Response to Original message
36. Holy Cow!
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Toots Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-01-05 09:25 AM
Response to Original message
37. So do I as long as it is women police doing the searching
Children are not necessarily as innocent as we would like to think they are. I have friends that are no longer alive because of a small child carrying a hand grenade.
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Silverhair Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-01-05 09:47 AM
Response to Original message
38. That will backfire on us - big time.
In the facts of the case, there was a search warrant and the search was done by a female on a female.

In many previous cases, drug dealers have been known to have hidden drugs on a small child, even in a baby's diaper.

If we try to use this, we will be made to look hopelessly naive.

If you create a class of people who are completely immune from search, then the criminals will use those of the immune class that are under their control as hiding places for contraband. That is why even elderly grannies are scanned at airports.

Drug dealer to partner: "Hey, man. Did you hear the news? Cops can't search little kids at all now. It might scare the kid and hurt his feelings. All we gotta do is hide the drugs on little Jimmy and tell the cops to "F* Off".

Terrorist to partner: "Have you read? Older people will not be checked at airports at all now. It is too much of an indignity to the old ones. My grandmother is senile. We can hide the guns on her and take a plane. Then we take guns off her and take over the plane."

Do we really want to go before the American public and appear to be so naive?
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Nikki Stone 1 Donating Member (1000+ posts) Send PM | Profile | Ignore Tue Nov-01-05 10:07 AM
Response to Reply #38
39. Interesting perspective
Will play into the "liberals soft on crime" meme.
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