SCOTUS rules: strip searches appropriate for ANY offense.

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Originally posted by Bytemite:
Also, according to the reasons used and the body parts inspected, this wasn't just a strip search but also a visual cavity search.

It wasn't rape in that there was no penetration. Whether or not the procedure qualifies as sexual assault if unwarranted is another thing. A number of states require a warrant for a cavity search even when taking a person into custody including New Jersey, and I doubt they had a warrant. They didn't have to have a warrant if it was just a strip search, but according to the information and the legal definitions, it was more than a strip search.

http://www.state.nj.us/lps/dcj/agguide/3strpsch.pdf

Basically the only reason you're defending this is because it's police and security officers. Would you defend this if anyone else had done something like this?

Also, you're incorrect that it was prison guards, it was the police detaining him in the holding cells of their jail, which is done at the discretion of the police but which is in fact pretty routine.

The way the system works, when you're arrested, you are held in jail until you can post bail. Then if they can drum up charges, you get a court summons. If you're convicted of the charges, THEN you go to prison.

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No I would not defend anyone else if they did this. We don't give random people the ability to arrest people and inforce the laws.

"Florence's entry into the general jail population gave guards the authorization to force him to strip naked and expose his mouth, nose, ears and genitals to a visual search in case he was hiding anything."

From the story. So he was held at the jail and put into general population. Jails are run by Departments of corrections, not the police. Which means the strip searches, he got two, where done by the correction guards as they would do to any incoming inmate. You may get held in a holding cell at a local police department for a while, but if it is going to be for any lenght of time you are going to a jail and into general population.

The distrubing part about this story is not the strip searches by the prison officals, but the fact that the police arrested him when he had proof he had paid his fine and the fact that the court system let him be held for 6 day before a hearing.


I do not fear God, I fear the ignorance of man.

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Originally posted by Niki2:
Nick, this story has been around for a week or so. He had the documents with him because he'd been hassled before and wanted to avoid it. The computer hadn't registered that he'd paid the fine, but he had, as the story probably mentions. I haven't read it, because I've already heard about this numerous times--I thought others had too. It disgusts me as it does others; all the cops had to do, even after they arrested him, was contact the appropriate office to see if what he was saying was true; they had all the pertinent documents and numbers, etc. They just don't give a shit.

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That is the worst part of the story, the police just ignored his evidence. Even if they did not trust it they could have kept him in a holding cell until they varified.

That being said, the corretions officers that stripped searched him did so because he was coming into their facility. Which he shouldn't have, but that is not for them to say.

I do not fear God, I fear the ignorance of man.

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The distrubing part about this story is not the strip searches by the prison officals

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Hello,

I disagree. I strongly disagree. There was no reason to believe this man was smuggling something dangerous.

A policy of universal strip searches - conducted without reference to logic, intelligence, or evidence, is a policy of violation and humiliation.

--Anthony

_______________________________________________

Note to self: Mr. Raptor believes that women who want to control their reproductive processes are sluts.

Reference thread: http://fireflyfans.net/mthread.asp?b=18&t=51196

Never forget what this man is. You keep forgiving him his trespasses and speak to him as though he is a reasonable human being. You keep forgetting the things he's advocated. If you respond to this man again, you are being foolish.

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Originally posted by AnthonyT:


A policy of universal strip searches - conducted without reference to logic, intelligence, or evidence, is a policy of violation and humiliation.

--Anthony

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While I 100% agree w this statement, arent most prison policies ones of violation and humiliation? It would be ideal, and wonderful, if we could somehow change this, but I cant imagine how that might come about.

In this situation, I do not fault the COs who conducted the searches, as it is their job. I fault the police officers who neglected to perform their duty, in placing this man in this situation, in violation of all of the rules they are suppossed to be following.

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Originally posted by AnthonyT:
I disagree. I strongly disagree. There was no reason to believe this man was smuggling something dangerous.

A policy of universal strip searches - conducted without reference to logic, intelligence, or evidence, is a policy of violation and humiliation.

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At what happens when logic, intelligence and evidence seem to suggest someone would not be hiding something, and than an inmate gets killed?

It is not even hard to imagine people being paid to get arrested for relatively minor crimes just to smuggle drugs into jails.


I do not fear God, I fear the ignorance of man.

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"Florence's entry into the general jail population gave guards the authorization to force him to strip naked and expose his mouth, nose, ears and genitals to a visual search in case he was hiding anything."

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That's a cavity search. Those are cavities.

While a strip search can sometimes involve looking into the nose, ears, and mouth for contraband, it becomes a cavity search if they also check the urethra, the rectum, or in the case of women, the vagina. If they were looking at his junk, WHY were they looking at his junk? They said they were looking for contraband? That's the legal definition of a cavity search.

It's a cavity search, and they probably skirted the regulations about a warrant for it.

As for the jail and the department of corrections, I guess I'll have to take your word for it. I know some jails are just run by the sheriff or the police chief, and are contained within the police station itself.

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The distrubing part about this story is not the strip searches by the prison officals, but the fact that the police arrested him when he had proof he had paid his fine and the fact that the court system let him be held for 6 day before a hearing.

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Pretty stereotypical scare tactics put on for the peons that don't bow and scrape. He's probably just lucky they didn't trump up charges about resisting arrest.

Both are scary.

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Originally posted by Bytemite:
That's a cavity search. Those are cavities.

While a strip search can sometimes involve looking into the nose, ears, and mouth for contraband, it becomes a cavity search if they also check the urethra, the rectum, or in the case of women, the vagina. If they were looking at his junk, WHY were they looking at his junk? They said they were looking for contraband? That's the legal definition of a cavity search.

It's a cavity search, and they probably skirted the regulations about a warrant for it.

As for the jail and the department of corrections, I guess I'll have to take your word for it. I know some jails are just run by the sheriff or the police chief, and are contained within the police station itself.

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Even if it was a cavity seach, a warrent is still not going to be required for a person going into general population in a jail or prision facility.

Some police stations have holding facilites, but they are not jails. In this case it definatly was not and you don't have to take my word for it.

http://www.co.burlington.nj.us/Pages/ViewDepartment.aspx?did=25

The courts decision gives correction's officals the right to seach inmates. If does not give the police such rights.

http://www.supremecourt.gov/opinions/11pdf/10-945.pdf

I do not fear God, I fear the ignorance of man.

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