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Posted on 04/02/2012 1:08:50 PM PDT by katiedidit1
The Supreme Court upheld Monday the power of jails across the United States to carry out invasive strip searches on all incoming detainees, including those suspected of minor offenses.
In a 5-4 ruling, it threw out an innocent New Jersey businessman's claim that his constitutional rights were violated when jailers showered him with delousing agent and lifted his genitals during his week behind bars.
(Excerpt) Read more at news.yahoo.com ...
Maybe so. But this thread was about jails, not prisons.
Did you know, since you posted it?
The two are not the same.
This guy was wronged by the system when it sent him to jail for a ticket he paid. He wasn’t wronged by the prison policy to strip search all prisoners who enter the facility. I bet his family would be suing the prison if he was shot by a gun that was smuggled into the facility.
Bingo!
Florence spent an additional day at the Essex County Correctional Facility, the biggest in New Jersey with more than 1,000 gang members at any one time, where he was "required to lift his genitals, turn around, and cough in a squatting position," in addition to a comprehensive body inspection
Sweet. So if Mr. Innocent had NOT been searched and had a pistol up
his bum, then it would have been available to the 1000 gangstas, yo.
Then one of the gangstas (yo) would have busted a few caps in the guard's asses.
Let's assume nine rounds in the pistol shoved up Mr. Innocent's bum.
That's nine honest innocent guards dead. How many wives and children might
they be leaving behind after being capped by Mr. Innocent's pistol-up-his-bum?
Don't their lives mean a bit more than the dignity of Mr. Innocent?
Sounds like a clerical error led to him being arrested and booked into jail.
Lawsuit if more appropriate vs the jurisdiction that fouled up clearing his traffic fine warrant.
Jails have to strip search people to make sure they don’t introduce weapons and drugs to the facility.
They have actually retrieved a “moderate sized” handgun from a woman’s vagina in the jail in Seattle.
wrong. blood can be drawn for a DUI arrest without a warrant.
And a strip search is not a body cavity search.....to remove the object from a body cavity, the government needs a warrant. To look and see if something is hanging out of your rear end, visually looking, is a strip search, not a body cavity search.
Yes, the Constitution is a "relatively short document." Because of its brevity, it does not clearly spell out every possible application of its rules, which is why there are sometimes legitimate disputes as to what it means. In this case, the Constitutional provision at issue forbids "unreasonable searches and seizures." The issue before the Court was whether it is "unreasonable" to strip search someone who is arrested and held in jail for failure to pay a parking ticket.
The majority held that it is "reasonable" to strip-search anyone who is held in jail for any reason. The dissent thought that it is "unreasonable" to strip-search someone being held for such a petty offense. I frankly don't think either position is so clearly self-evident from the text of the Constitution that we can say that the justices are "morons" because they disagreed.
Florida recently held a man in jail for almost two years. He was arrested, charged and the government tried real hard to convict him of killing his baby daughter.
It was eventually proven that he did not have any involvement at all in his childs death.
(A State licensed, paid childcare provider physically abused and killed her, and at least one other child, as proven to date)
I'm pretty sure the least of his complaints as an innocent man, was the jailhouse strip search.
Well said, Brother.
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Finally someone smart enough to read the ruling as it was.
The problem is that government agencies never pay for anything. Any fines or penalties levied against an agency are paid by the taxpayers.
That's really going to terrify the bureaucrats.
You wrote: “Well, police need a court order to take your blood for a DUI test, involuntary, and I would think it would be obvious they would need a court order to conduct a body cavity search.”
Not anymore in Texas, new law allows forced, warrant-less blood draws: http://www.tdcaa.com/node/5261
Gov't very rarely lessens its powers, nor recognizes its limitations.
You are correct, Gov’t power seems to always ratchet upwards.
That is part of why I suggested personal liability too. Also it is a matter for the tax payers.
There is a limit to what can collected in this country by the federal government and it seems to be around 20% of GDP. So given that and as services fall due to liability, I suspect tax payers would start paying more attention to what the government is doing. It is much like holding stockholder accountable for what their company does up to the value of their shares.
You neglected to mention the User’s Manual for the US Constitution known as the Federalist Papers. Somehow these alleged brilliant minds on the bench must have missed reading those documents as they give the why and wherefores but some of us seem to be perfectly happy as long as the majority leans to the our side.
I want the USSC to lean to the Constitution on ALL issues. I don’t like political bias playing fast and loose with our most basic set of rules intended to relinquish just a small amount of our rights and powers to the federal government. Others seem to be OK with following the sheep.
I refuse to give any leeway to these morons who accept the position of USSC Judge yet do not have a solid grounding in why the Constitution says what it says. To hold such power over us with such a lack of knowledge is being a MORON.
Explain to all of us, how this Federal government has exceeded its constitutional limits if we have brilliant constitutional scholars on the bench. You cannot because we only have political hack morons on the bench.
Maybe morons is not the best word and in fact more and more I think they are simply traitors to the constitution, the founders, and to free citizens by allowing the government to encroach into our daily lives with everyone of their limp 5-4 decisions.
You may have much lower standards but when I think of a US SUPREME COURT judge I think of someone who should know EXACTLY the full and complete history behind the Constitution and the fricken User’s manual.
To the black robed moron/traitors and those who have much lower standards, I say RTFM.
It isn't 1971 anymore. It's not hippies vs. hardhats anymore. We are in a true police state and these anachronisms are making it worse day by day. And we cheer them as “conservatives”?
It's hopeless. Ben Franklin, we lost your republic. Roll in peace. :(
Speaking of a police state..I just heard on the news that new legislation has opened the door for thousands and thousands of drones to be used in America. Some are as small as a hummingbird and citizens can own them. They are very invasive on privacy but it is the new age.
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