Thursday Roundup

Justice Thomas thinks it’s ok for the government to search your teenage daughter’s panties for Advil. Fortunately the eight other Supreme Court justices found such a perverse invasion of privacy unreasonable. Is there a less free place in America than a public school?

If there is, it’s the airport. Trey Garrison focuses his wrath on TSA security theater. He’s not taking his god damned shoes off. A must read for anyone who flies, or values freedom.

Another casualty in the war on pot. One problem with prosecuting pot smokers is that they are sent to the county jail. County jails are plagued with danger, disease, and incompetent oversight. The tragic death of Theresas Anthony in Houston is but the latest death sentence for a cannabis defendant. Ms. Anthony was serving a two week sentence for the “crime” of possessing marijuana.

SCOTUS rules that the Confrontation Clause means that you have the right to…. CONFRONT the witnesses against you at trial, even if those witnesses work in a crime lab.

Finally, since we are calling a special session of the legislature I am going to lobby for a bill making it illegal to require anyone to wear a suit and tie in a heat advisory. I have to peel these things off at the end of the day. With all the public support for lawyers I’m sure this will pass.

Ben says:

June 25, 2009 at 3:14 pm

I haven’t read “New Jersey vs TLO” but it seems that from the current ruling
“content of the suspicion failed to match the degree of intrusion” it implies that there is some point at which it is ok to have an untrained non-LEO school administrator strip search a minor with no recourse until after the fact. You just have to have enough suspicion.

If you have enough valid suspicion to strip search a minor, shouldn’t you at that point just detain the individual and call the police?

Robert Guest says:

June 25, 2009 at 3:34 pm

Great question Ben,
The first answer is that you “should”, any decent person would do such a thing. But this is a WAR on drugs, so decency is out the window.

Nothing shows kids we are serious about keeping them “drug free” than letting bureaucrats go pedophile on them.

The drug war is built on fear, and nothing creates fear better than the arbitrary authority to strip a child. You can bet than the Just Say No Gestapo are going to read this opinion, find the loophole and implement an up-to-the-line-but-not-over-it search policy.

Finally, vouchers anyone? Parents should be able to choose if they want some school cop or principal to strip search their child.

Brandon says:

June 26, 2009 at 8:54 am

I skimmed the confrontation case. Interesting. Will it have serious impact on day to day cases, like DWI cases involving lab testing of blood / breath?

June 26, 2009 at 8:57 am

Also, your link to the confrontation case is not good. Requires a pass word to see. Try this: http://www.supremecourtus.gov/opinions/08pdf/07-591.pdf

Jeff Kramer says:

June 26, 2009 at 10:18 am

You’ve got my support on the suit and tie issue. I’ve dreamed of moving my practice to Hawaii where the aloha shirt can be considered formal wear.

Maybe we need a movement to adopt the pearl snap as formal wear.

A.H. Jordan says:

June 26, 2009 at 11:23 am

Robert, I would submit this has been an interesting session for the SUPREMES. Not for any earth-shattering holdings, but for how the votes broke down on the Court. I was a little taken aback by the ruling on the confrontation clause, and am trying to anticipate what the practical effects will be. My guess is the DPS crime lab in Garland is none to pleased right now.