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Thread: VA Attorney General At Work

  1. #1
    Regular Member Virginiaplanter's Avatar
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    The Office of the Attorney General was arguing before the US Supreme court yesterday in an important 4th amendment case. Virginia v. Moore. The following is the argument by the State of Virginia stating that any state/federal employee can search you or your home at any time if he has probable cause a crime has been committed. Justice Scalia is wowed by the response:

    IN THE SUPREME COURT OF THE UNITED STATES
    - - - - - - - - - - - - - - - - - x
    VIRGINIA, :
    Petitioner :
    v. : No. 06-1082
    DAVID LEE MOORE. :
    - - - - - - - - - - - - - - - - - x
    Washington, D.C.
    Monday, January 14, 2008

    STEPHEN B. McCULLOUGH, ESQ., Deputy State Solicitor
    General, Richmond, Va; on behalf of the Petitioner.



    JUSTICE SCALIA: Mr. McCullough, the
    proposition that you're arguing, does it apply at the
    Federal level as well? Suppose -- suppose I think that
    my neighbor next door is growing marijuana and I have
    probable cause to believe that, all right?
    So I go in and search his house; and sure
    enough, there is marijuana. And I bring it to the
    police's attention, and they eventually arrest him.
    Is that lawful search?

    MR. McCULLOUGH: If there is State action –

    JUSTICE SCALIA: I'm a State actor, I guess.
    You know --
    (Laughter.)

    MR. McCULLOUGH: If you have State actors –

    JUSTICE SCALIA: You know, a Supreme Court
    Justice should not be –

    (Laughter.)

    JUSTICE SCALIA: -- should not be living
    next door to somebody growing marijuana. It doesn't
    seem right.

    MR. McCULLOUGH: That's not a smart
    neighbor.

    (Laughter.)

    MR. McCULLOUGH: If you have State action
    and you enter into someone's home, then the Constitution
    affords a heightened level of protection. But –

    JUSTICE SCALIA: Don't dance around. Is it
    -- is it rendered an unreasonable search by the fact
    that I'm not a law enforcement officer at all?

    MR. McCULLOUGH: I don't think the fact
    of -- no. The fact that –

    JUSTICE SCALIA: So any Federal employee can
    go crashing around conducting searches and seizures?

    MR. McCULLOUGH: So long --

    JUSTICE SCALIA: So long as he has probable
    cause?

    MR. McCULLOUGH: That's correct.

    JUSTICE SCALIA: That's fantastic.
    (Laughter.)

    JUSTICE SCALIA: Do you really think that?

    MR. McCULLOUGH: I think if there is State
    action, it doesn't matter that you're wearing a badge or
    that you've gone through the police academy.

    JUSTICE SCALIA: Or that you are an
    administrative law judge at the, you know, Bureau of
    Customs? It doesn't matter?

    MR. McCULLOUGH: I think that's right. That
    if you have -- if the State –

    JUSTICE SCALIA: What about a janitor?
    You're a janitor, a federally employed janitor.

    MR. McCULLOUGH: Your Honor –

    JUSTICE SCALIA: His neighbor is growing
    marijuana, and he's just as offended as a Supreme Court
    Justice would be. Can he conduct a search?

    MR. McCULLOUGH: I think if he's doing it on
    behalf of the State, the answer is yes.

    JUSTICE SCALIA: Wow.
    --------------------------

    http://www.supremecourtus.gov/oral_a...ts/06-1082.pdf

  2. #2
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    To echo Justice Scalia, WOW! Makes one wonder about one's government, doesn't it?

  3. #3
    Campaign Veteran Freeflight's Avatar
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    Wow... just Wow... :what: Velcome to zee peoples republik of Virginia...
    And what country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms....The tree of liberty must be refreshed from time to time, with the blood of patriots and tyrants"

    Thomas Jefferson in a letter to William S. Smith in 1787. Taken from Jefferson, On Democracy 20, S. Padover ed., 1939

    Free Flight

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    Campaign Veteran skidmark's Avatar
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    Virginiaplanter wrote:
    The Office of the Attorney General was arguing before the US Supreme court yesterday in an important 4th amendment case. Virginia v. Moore. The following is the argument by the State of Virginia stating that any state/federal employee can search you or your home at any time if he has probable cause a crime has been committed. Justice Scalia is wowed by the response:

    IN THE SUPREME COURT OF THE UNITED STATES
    - - - - - - - - - - - - - - - - - x
    VIRGINIA, :
    Petitioner :
    v. : No. 06-1082
    DAVID LEE MOORE. :
    - - - - - - - - - - - - - - - - - x
    Washington, D.C.
    Monday, January 14, 2008

    STEPHEN B. McCULLOUGH, ESQ., Deputy State Solicitor
    General, Richmond, Va; on behalf of the Petitioner.



    JUSTICE SCALIA: Mr. McCullough, the
    proposition that you're arguing, does it apply at the
    Federal level as well? Suppose -- suppose I think that
    my neighbor next door is growing marijuana and I have
    probable cause to believe that, all right?
    So I go in and search his house; and sure
    enough, there is marijuana. And I bring it to the
    police's attention, and they eventually arrest him.
    Is that lawful search?


    JUSTICE SCALIA: So any Federal employee can
    go crashing around conducting searches and seizures?

    MR. McCULLOUGH: So long --

    JUSTICE SCALIA: So long as he has probable
    cause?

    MR. McCULLOUGH: That's correct.

    JUSTICE SCALIA: That's fantastic.
    (Laughter.)

    JUSTICE SCALIA: Do you really think that?

    MR. McCULLOUGH: I think if there is State
    action, it doesn't matter that you're wearing a badge or
    that you've gone through the police academy.

    JUSTICE SCALIA: Or that you are an
    administrative law judge at the, you know, Bureau of
    Customs? It doesn't matter?

    MR. McCULLOUGH: I think that's right. That
    if you have -- if the State –

    JUSTICE SCALIA: What about a janitor?
    You're a janitor, a federally employed janitor.

    MR. McCULLOUGH: Your Honor –

    JUSTICE SCALIA: His neighbor is growing
    marijuana, and he's just as offended as a Supreme Court
    Justice would be. Can he conduct a search?

    MR. McCULLOUGH: I think if he's doing it on
    behalf of the State, the answer is yes.

    JUSTICE SCALIA: Wow.
    --------------------------

    http://www.supremecourtus.gov/oral_a...ts/06-1082.pdf
    Poor Mr. McCullough. Sent by the Commonwealth to defend an act they know was wrong, but just are not willing to let poor Mr. Moore get away with. He is the sacraficial lamb being offered up by the Commonwealth.

    The GOOD thing about this is that DC and the US Solicitor General are due, in just a few months, to try the same line ofargument with the Justices. It is barely possible that the Justiceswill have recovered from eating Mr. McCullough for lunch when the lawyers for the DC side of Heller step into the box.

    stay safe.

    skidmark
    "He'll regret it to his dying day....if ever he lives that long."----The Quiet Man

    Because stupidity isn't a race, and everybody can win.

    "No matter how much contempt you have for the media in all this, you don't have enough"
    ----Allahpundit

  5. #5
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    http://opencarry.mywowbb.com/forum4/7451.html

    Mod LW, this is a SCOTUS case and of national import.

  6. #6
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    Andrew Dysart and I attended this hearing - all I can say is, both sides took sme hits - no way to know how the court will come out.

    My bet is still on the good guys - not Moore, but the unanimous opinion of the Va. S. Ct. that a lawful search cannot arise from a plainly illegal arrest, and any evidence so seized is suppressed.

  7. #7
    Regular Member Neplusultra's Avatar
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    Freeflight wrote:
    Wow... just Wow... :what: Velcome to zee peoples republik of Virginia...
    Why limit to government employees? Is it not the duty of every citizen to turn in his neighbor? I DO NOT SUBSCRIBE TO THE FOLLOWING, JUST MAKING HAY

    Why not get around the judges argument by making all state employees law enforcement officers?

  8. #8
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    Why not hire Blackwater employees as "janitors" without swearing them in as LEOs. Now you've got the "janitors from hell", and whenever the government wants to search your house without a reason they just call in the "cleaners". What a great and stupid idea.

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