Tuesday, July 31, 2007

The Fourth Amendment Strikes Back

There is legal precedent for nature's unkind treatment of "the Chief":

Last year, in Hedgepeth v. Washington Metropolitan Area Transit Authority, Roberts wrote an opinion upholding the arrest of a 12-year-old girl for eating a single French fry in a Washington, D.C., Metrorail station while on her way home from junior high school. As the court described, the "girl was arrested, searched, and handcuffed. Her shoelaces were removed, and she was transported in the windowless rear compartment of a police vehicle to a juvenile processing center, where she was booked, fingerprinted, and detained until released to her mother some three hours later." Except for the time she was being fingerprinted, the girl remained handcuffed with her hands behind her back until she was released.

Roberts concluded that the arrest and detention under a mandatory arrest policy for minors was not an "unreasonable" seizure under the Fourth Amendment to the Constitution, even though adults found to have violated the same no-eating-in-the-Metro ordinance were simply given citations. For obvious reasons, this decision is likely to be a point of some contention in Roberts' confirmation hearing. But of more significance than the decision itself is a part of its reasoning.

Roberts wrote that the Metro's mandatory arrest policy was not unconstitutional in part because it would not have been "regarded as an unlawful search or seizure under the common law when the Amendment was framed," that is, under the law as it stood in 1791.

Under that standard, Roberts' seizure was quite reasonable. Hell, the State of Maine could even declare him possessed by demons and clap him in the stocks until the 2007 term was over.

3 comments:

Anonymous said...

[p]Older now, she knows how much it must mean to someone [url=http://www.tiffanyuk4sale.co.uk]tiffany sale[/url] 篓C at least how much it must have meant . The scope of these challenges has been, arguably, tougher than at any time in the industry's history . Tiffany Atlas wedding band is tiffany jewelry replica definitely very simple but but possibly not trendy personality and it is divine refinement procedure with the special design and style is really a ideal meaning associated with luxurious and way . Tiffany Paper hearts featuring its special sort of tiffany jewelry replica meaning of your Meaningful tenderness, vibrant Heart-shaped design and style is surely an unrestricted go away attracted to . wonderful guy . S . At the time, most companies bought finished jewelry, polished gems and refined metals from middlemen, Kowalski explained.[/p][p]But the antique engagement ring that writer Stephenie Meyer describes as a delicate piece with an oval face 隆掳set with slanting rows of glittering round stones隆卤 doesn隆炉t appear [url=http://www.tiffanyoutletinuk.co.uk]cheap tiffany jewellery[/url] until The Twilight Saga: Eclipse, so we talked to the prop team to get all the ,Tiffany Accessories, details . However, know that the large bulk of individuals internet sites do NOT market genuine [url=http://www.tiffanyjewelleryok.co.uk]tiffany sale[/url] Tiffany charms . Always actual physical exercise [url=http://www.tiffanyuk4sale.co.uk]tiffany uk[/url] many thanks diligence when buying a replica Tiffany jewelry . If you do a Google lookup for Tiffany charms, you will get over 7 million hits . The company was growing quickly and faced challenges assuring the flow of top quality raw [url=http://www.tiffanyuk4sale.co.uk]tiffany uk sale[/url] materials . The cross part of this ring is flat [url=http://www.tiffanyjewelleryok.co.uk]tiffany uk[/url] with sharp edges . The mind from the [url=http://www.allkindstiffanysale.co.uk]tiffany necklace[/url] plan is Dr.[/p]

Anonymous said...

[p]It is really accessible [url=http://www.newcheapuggbootsau.co.uk]cheap ugg boots sale[/url] in sleek grey or loaded brown . You can usually get this data from the manual or you are able to search for it by way of the [url=http://www.newcheapuggbootsau.co.uk]ugg boots australia[/url] net . Typically [url=http://www.newcheapuggbootsau.co.uk]cheap ugg boots[/url] the heels are created to bear smooth floors caused from damp illnesses for instance running on the ideal . This ll Waugurys Ugg Boots, Mens Ugg Boots andChildren Uggcossack are complete abounding in address a allotment of the admixtureist as above the apple . --men wore platforms with fish in them! Anyway, why should women be allowed to dress like men and not be judged, even made as a current trend in fashion, i . They are very beautiful and [url=http://www.newcheapuggbootsau.co.uk]chestnut ugg boots[/url] comfortable . UGG Boots Set New Trends for [url=http://www.newcheapuggbootsau.co.uk]new ugg boots[/url] 2010 Winter FootwearWhen did Australian sheepskin boots make their first appearance? What' s about the final result? Do just a little research on Internet; you will find the answer . UGG Boots Gazelle shoe has a set of three stripes from the laces to the sole making it a significance of the UGG Boots gazelle.[/p]

Anonymous said...

[p]One of the greatest things about the internet is the ability to do a lot of shopping from the comfort of your own home . Then, I think this pair of Womens cheap christian louboutin sale is [url=http://www.newcheapuggbootsau.co.uk]cheap ugg boots[/url] very suitable for you that you can have a try . Here is what I recommend to find cheap UGG boots for sale:Comparison shop to check prices at different stores . Several [url=http://www.newcheapuggbootsau.co.uk]new ugg boots[/url] different versions involving have recently been made from kangaroo hair as well as household leather . In fact, I think that隆炉s what Ben Affleck is just about to do (not sure why he needs the tie for?)

They are usually made of sheepskin and have rubber soles (some are made of kangaroo skin) . If you realize that your old boots simply are not up to snuff and [url=http://www.newcheapuggbootsau.co.uk]chestnut ugg boots[/url] a replacement must be made, Bearpaw boots fit the bill--without breaking the bank . Of course, you can find the newest collections of [url=http://www.newcheapuggbootsau.co.uk]ugg boots australia[/url] Ugg footwear at retail price at Ugg Australia . Moreover, outfits [url=http://www.newcheapuggbootsau.co.uk]cheap ugg boots sale[/url] along with contrasting colored gives you a refresh and revive look.[/p]