Three cheers for Paul Simon
Hooray for Paul Simon -- not the singer or the former U.S. senator, but the justice of the peace down in Tucson, Arizona who's refused to throw out drug charges against Portland Trail Blazer player Damon Stoudamire.
Stoudamire's the guy who was busted for trying to smuggle marijuana onto a commercial jet airplane this past summer by carrying it on his person through airport security. He had it wrapped in tin foil, which, duh! Set off the metal detectors.
His high-priced lawyer argued that it was illegal for the airport screeners to open the tin foil to see what was inside.
This is at an airport security checkpoint, mind you. In the year 2003.
If this guy gets off on a technicality on this one, there is no justice in this country whatsoever. So hats off to the judge.
Comments (2)
Prof.
I didn't just get an A in your tax class. I also got A's in others, including Criminal Procedure. Funny, I don't recall learning anything about technicalities when studying 4th Amendment issues. Of course, I will make the obligatory comment that I am not addressing the merits in the case you mentioned. (I really like your blog and your baby daughter is beautiful.)
Posted by AFS | October 28, 2003 7:23 PM
Touché. I should have said "procedural issue" -- though from what I understand, the Rehnquist Court sees that amendment as something even less than a technicality.
Besides, Mr. Stoudamire has gotten plenty of mileage out of that amendment. Now he's pressed his luck too far.
Posted by Jack Bog | October 28, 2003 8:17 PM