Doe v. Groody
Encyclopedia
The Doe v. Groody, 361 F.3d 232 (3d Cir. 2004) lawsuit
concerned a strip-search of a 10 year old girl and her mother despite the fact that neither were criminal
suspects nor named in any search warrant
. In applying for a search warrant, officers requested the right to search whoever was in the house and were refused that request.
found the search unconstitutional.
The majority opinion states in its second paragraph:
"[U]nder any reasonable reading, the warrant in this case did not authorize the search of the mother and daughter, and that the search was not otherwise justified. Accordingly, we will affirm the District Court's determination that the officers are not entitled to qualified immunity."
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.
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
concerned a strip-search of a 10 year old girl and her mother despite the fact that neither were criminal
Crime
Crime is the breach of rules or laws for which some governing authority can ultimately prescribe a conviction...
suspects nor named in any search warrant
Search warrant
A search warrant is a court order issued by a Magistrate, judge or Supreme Court Official that authorizes law enforcement officers to conduct a search of a person or location for evidence of a crime and to confiscate evidence if it is found....
. In applying for a search warrant, officers requested the right to search whoever was in the house and were refused that request.
Majority opinion
The majority opinion for the United States Court of Appeals for the Third CircuitUnited States Court of Appeals for the Third Circuit
The United States Court of Appeals for the Third Circuit is a federal court with appellate jurisdiction over the district courts for the following districts:* District of Delaware* District of New Jersey...
found the search unconstitutional.
The majority opinion states in its second paragraph:
"[U]nder any reasonable reading, the warrant in this case did not authorize the search of the mother and daughter, and that the search was not otherwise justified. Accordingly, we will affirm the District Court's determination that the officers are not entitled to qualified immunity."
Alito's dissenting opinion
Judge Samuel AlitoSamuel Alito
Samuel Anthony Alito, Jr. is an Associate Justice of the U.S. Supreme Court. He was nominated by President George W. Bush and has served on the court since January 31, 2006....
wrote a dissenting opinion saying that police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
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
Michael Chertoff
Michael Chertoff was the second United States Secretary of Homeland Security under President George W. Bush and co-author of the USA PATRIOT Act. He previously served as a judge on the United States Court of Appeals for the Third Circuit, as a federal prosecutor, and as assistant U.S. Attorney...
’s majority opinion asserted that Alito’s position would effectively nullify the Fourth Amendment’s
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
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
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
to the Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in 2005. Opponents pointed to his opinion to support claims that Alito would try to overturn Fourth Amendment precedents if confirmed to the Court.