Elian and 4th Am.

[Sandy Levinson]

Mark Scarberry (and others) make the mistake of believing that Tom DeLay is a reliable informant as to the circumstances of the raid.  It appears to be clear that the United States had in fact received a warrant, which was properly executed to retrieve a child from (well-intentioned) people who were, legally, no better than kidnappers.  I fail to see that they were deprived of any of their rights under the Constitution.  And, of course, I await with baited breath the next time that Tom DeLay, who wanted to impeach Judge Baer for his pro-Fourth Amendment (and anti-police) decision last year, bestirs himself in behalf of any other ordinary citizen who is the victim of police overreaching (unless it involves enforcement of the EPA or the enforcement of an anti-gun law).

Sandy Levinson