It's not every day that Harry Pregerson and N. Randy Smith line up on the same side. Pregerson, a Carter appointee on the 9th U.S. Circuit Court of Appeals and an unabashed liberal, and Smith, a George W. Bush pick, would be expected to hold widely divergent views on a controversial Fourth Amendment case. But the two found themselves in the majority on a 6-5 en banc opinion Friday, ruling that the strip search of a 13-year-old girl at school was unconstitutional.
9th Circuit Unexpectedly Splits Over Strip Search of Student
July 15, 2008