Virginiaplanter
Regular Member
imported post
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_arguments/argument_transcripts/06-1082.pdf
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_arguments/argument_transcripts/06-1082.pdf
