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Reply #5: Really disturbing. [View All]

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Home » Discuss » Archives » General Discussion: Presidential (Through Nov 2009) Donate to DU
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

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


"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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