In Sarasota, Florida, a vacant lot next to an apartment building has become a vibrant open-air drug market. The police are having trouble cleaning it up. So the police tried something they had never tried before: The applied for, and obtained, a warrant to search “all persons” who parked or set foot in the apartment building parking lot.
During the two-hour raid, a dozen people were searched and, even though officers justified the wide search by telling a judge no “innocent persons” congregated in the abandoned lot, only four people were charged with drug crimes. An 80-year-old man was among those detained, then released, during the operationI haven’t seen the actual warrant, and all we have is a press report, but it sounds pretty plainly unconstitutional to me.
Thursday, February 17, 2011
Police Obtain Warrant to Search “All Persons” Who Enter Apartment Parking Lot Where Drug Selling Commonly Occurs
From The Volokh Conspiracy: