Search Warrant

[Gayle Binion]

In my earlier post I alluded to Tribe (among others)  offering
content/rhetoric/posturing (in his case the content) that I found
disturbing, especially with respect to the questions of what legal
processes were appropriate by whom, under what conditions, and in what fora...

I came away from the Tribe NYT article wondering if he had seen the warrant
documents...  Is he on this list?  I also wondered about Dershowitz'
article in the L.A. Times which portrayed the status of the custody issue
as one implicitly requiring further litigation by those seeking to remove
the child from the lazaro g. home... that wasn't my understanding of the
11th Cir Ct.'s "default" in conjunction with the refusal of florida court
to take jurisdiction.  Has anyone else read dershowitz' article, which I
assume was syndicated?  Is he on this list?

To add a really superficial observation to a serious scholarly discussion,
had the INS chosen a more photogenic agent who, despite holding an
automatic weapon, had as well been smiling, it would have been a different
image... and it is after all only an image.

gayle binion












At 04:18 PM 4/26/00 -0500, Douglas Laycock wrote:
>        I have now read the search warrant that Michael Masinter posted.  I
>must
>say that I simply do not understand Larry Tribe's point in the New York
>Times.
>
>        The warrant expressly describes Elian Gonzales as the person to be
>seized.
> It expressly authorizes execution in the nighttime.  It is on a form
>designed for the seizure of either persons or things, requring the judge to
>specify the person or thing to be seized, and requiring the judge to choose
>between authorizing execution only during daylight hours or at any time.
>
>        I am open to the argument that we should provide more procedural
>protection than we do before issuing search warrants, but given our general
>law of warrants, I have no idea what Larry Tribe thinks was wrong with this
>one.  Certainly they were not going to arrest Elian, although so far as I
>know, an arrest warrant would simply have been a different form, with no
>more real procedural protection.
>
>
>
>
>Douglas Laycock
>University of Texas Law School
>727 E. Dean Keeton St.
>Austin, TX  78705
>        512-232-1341 (phone)
>        512-471-6988 (fax)
>        dlaycock at mail.law.utexas.edu

Gayle Binion, ph.d.
Professor of Political Science and
Law & Society
University of California, Santa Barbara
Santa Barbara, Cal. 93106 U.S.A.
(805) 893-2114