JUSTICE SCALIA: So any Federal employee can go crashing around conducting searches and seizures?
MR. McCULLOUGH [Virginia Dep. Solicitor General]: So long --
JUSTICE SCALIA: So long as he has probable cause?
MR. McCULLOUGH: That's correct.
JUSTICE SCALIA: That's fantastic.
(Laughter.)
JUSTICE SCALIA: Do you really think that?
MR. McCULLOUGH: I think if there is State action, it doesn't matter that you're wearing a badge or
that you've gone through the police academy.
JUSTICE SCALIA: Or that you are an administrative law judge at the, you know, Bureau of
Customs? It doesn't matter?
MR. McCULLOUGH: I think that's right. That if you have -- if the State --
JUSTICE SCALIA: What about a janitor? You're a janitor, a federally employed janitor.
MR. McCULLOUGH: Your Honor --
JUSTICE SCALIA: His neighbor is growing marijuana, and he's just as offended as a Supreme Court Justice would be. Can he conduct a search?
MR. McCULLOUGH: I think if he's doing it on behalf of the State, the answer is yes.
JUSTICE SCALIA: Wow.
Although Justice Scalia would not be on the bench if I had my choice, kudos to him for the above-quoted part of the oral argument.
Once again, do not Pringle-ize Moore.