Full Text: Alito on Presidential Power

Comments (0) By Chanel Lee Tuesday, Jan 3 2006

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United States v. Kithcart (1998)

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Alito wrote the majority opinion stating that a man who pled guilty to a gun charge could file a motion to suppress key evidence.

"The district court erred in concluding that there was probable cause to arrest and search Kithcart prior to the discovery of the guns. The mere fact that Kithcart is black and the perpetrators had been described as two black males is plainly insufficient . . . . Moreover, the match between the description of the perpetrators car . . . was far from precise.

"In sum, we think that it is clear that the facts and circumstances within [the police officer's] knowledge at the time stopped the Nissan were insufficient to allow a prudent person to believe the car and its occupants had committed or were committing an offense."