In response to your theory of the case, one of the Justices remarking, “wow,” or–even better–“do you really think that?”
Well, that’s just what happened to the State of Virginia’s counsel in Virginia v. Moore, heard earlier this week. Justice Scalia was querying the lawyer on whether any federal employee could conduct searches and seizures as long as they had probable cause, and the following exchange occurred:
Justice Scalia: So any Federal employee can go crashing around conducting searches and seizures?
McCullough: So long –
Justice Scalia: So long as he has probable cause?
McCullough: That’s correct.
Justice Scalia: That’s fantastic.
Justice Scalia: Do you really think that?
Justice Scalia: What about a janitor? You’re a janitor, a federally employed janitor.
McCullough: Your Honor –
Justice Scalia: His neighbor is growing marijuana, and he’s just as offended as a Supreme Court Justice would be. Can he conduct a search?
McCullough: I think if he’s doing it on behalf of the State, the answer is yes.
Justice Scalia: Wow.
Thx to the WSJ Law Blog