Alito & Searches

by Jonathan H. Adler

Senator Kennedy repeats the canard that Judge Alito has never found a government search to be unconstitutional. This is false. See, for example, United States v. Kithcart, 134 F.3d 529 (3d Cir. 1998), in which Judge Alito held that the police lacked probable cause to search African-American males that vaguuely resembled the description of culprits in recent robberies. Of note, in Kithcart Alito overruled the decision of then-district court judge Marjorie Rendell, subsequently nominated to the Third Circuit by President Clinton.

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