Alito's Dissenting Opinion
Judge Samuel Alito wrote a dissenting opinion saying that police officers did not violate the Constitution when they strip-searched the mother and her ten-year-old daughter. Alito stated in section I of his dissent that the affidavit accompanying the warrant "...seeks permission to search all occupants of the residence..." and argues, again in section I, that "The warrant indisputably incorporated the affidavit..."
Judge Michael Chertoff’s majority opinion asserted that Alito’s position would effectively nullify the Fourth Amendment’s warrant requirement and “transform the judicial officer into little more than the cliché rubber stamp.”
Media attention on the case and Alito's opinion grew when he was nominated by President George W. Bush to the Supreme Court in 2005. Opponents pointed to his opinion to support claims that Alito would try to overturn Fourth Amendment precedents if confirmed to the Court.
Read more about this topic: Doe V. Groody
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