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HERE is the question that Judge Samuel Alito and his colleagues faced in the 2004 case of Doe v. Groody. Police had asked a magistrate for a warrant to search John Doe's house for drug paraphernalia and to search all occupants of the house. The magistrate issued a warrant that did not mention Doe's wife and daughter as search targets, apparently because the box on the form was too small to include them. The wife and ten-year-old daughter were nonetheless made to remove articles of clothing in front of female police officers. Doe sued for damages. So what a panel of judges including Alito had to decide was whether it was reasonable for the officers to read the warrant to incorporate the warrant application with respect to search targets.
It was not ...