We previously looked at Bill Cassare’s and Army DAD’s cert petition in Clayton, No. 09-1532, here.  As the SG’s office does in almost every non-capital military justice caes (Smith, No. 10-18 being an exception), the SG waived the United States’ right to respond to the cert petition.  On Thursday, the Supremes called for a response from the SG.

To refresh your recollection, here’s the QP:

WHETHER PETITIONER’S FOURTH AMENDMENT RIGHT TO BE FREE FROM UNREASONABLE SEARCHES AND SEIZURES WAS VIOLATED WHEN A MILITARY JUDGE FOUND PROBABLE CAUSE TO SEARCH PETITIONER’S QUARTERS DESPITE A COMPLETE ABSENCE OF EVIDENCE THAT PETITIONER HAD DOWNLOADED OR POSSESSED ANY CHILD PORNOGRAPHY AND WHERE THERE WAS NO NEXUS OF ANY TYPE BETWEEN CHILD PORNOGRAPHY AND THE LOCATION SEARCHED.

The full cert petition is available here.

One Response to “SCOTUS calls for response to Clayton cert petition”

  1. Anonymous says:

    Why does the defense keep hitting on this “absence of evidence that petitioner had downloaded or possessed any child pornography”? That’s the point of the search itself–to FIND that evidence. IIRC, they tried this line at CAAF too, and nobody bought it.

    The interesting legal issue–nexus–isn’t brought up until the very end, but that’s where the SCt bait is.

    Reading the comments on the previous post, it seems others agree with me. But I just wanted to say it again.