Alito and the strip search

I just finished reading the Third Circuit Court's decision in Doe v. Groody (PDF file), in which Judge Alito dissented from the majority in a two-to-one decision. This is the case where the strip search of a ten year old girl was at issue. The police went on a drug bust armed with a warrant authorizing them to search John Doe and his premises. Attached to the warrant was an affidavit requesting the warrant which stated that any search should also include others present in the house, as they might be buying the drugs at issue or have taken possession of them on the belief that they would not be searched. However, the warrant itself only authorized the search of Doe and his premises.

When the officers arrived, they searched John Doe, his wife, and his ten year old daughter. They claimed that they believed they were justified in doing so since the affidavit attached to the warrant had indicated the need to search everyone on the premises.

The majority sided with John Doe, saying that the warrant itself did not authorize the search of the wife and daughter and that the circumstances did not justify such a search.

Alito dissented, arguing that the search was reasonable under the circumstances.

Of course, the key issue here is whether Judge Alito puts sufficient weight on the right of privacy. It doesn't appear so to me. There seems to be nothing in his opinion that attempts to insure the presumption is that the individual has a right not to be searched unless the search is clearly justified.

Judge Alito's opinion leads me to suspect that he might find all kinds of police excesses to be okay. I fear he would be inclined to assist Bush and his goons in their efforts to turn America into a police state.

Interestingly, the majority opinion in this case was written by Michael Chertoff. No flaming liberal, namby pamby whiner is he.