Conservative Court Blunders Again

[NJ Stinks]

Forget justice. I couldn't imagine seeking counsel from these guys on anything. :rolleyes:
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Supreme Court OKs routine jailhouse strip searches


http://por-img.cimcontent.net/api/assets/bin-201204/3d72-Supreme-Court-Strip-Search.jpg FILE - In this Oct. 11, 2011 file photo, Albert Florence, right, sits at his home Bordento...



By MARK SHERMAN, AP
Mon Apr 2, 6:40 PM UTC



Jailers may perform invasive strip searches on people arrested even for minor offenses, an ideologically divided Supreme Court ruled Monday, the conservative majority declaring that security trumps privacy in an often dangerous environment.


In a 5-4 decision, the court ruled against a New Jersey man who was strip searched in two county jails following his arrest on a warrant for an unpaid fine that he had, in reality, paid.


The decision resolved a conflict among lower courts about how to balance security and privacy. Prior to the Sept. 11, 2001, terror attacks, lower courts generally prohibited routine strip searches for minor offenses. In recent years, however, courts have allowed jailers more discretion to maintain security, and the high court ruling ratified those decisions.


In this case, Albert Florence's nightmare began when the sport utility vehicle driven by his pregnant wife was pulled over for speeding. He was a passenger; his 4-year-old son was in the backseat.
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Link o entire article: http://xfinity.comcast.net/articles/news-national/20120402/US.Supreme.Court.Strip.Search/?cid=hero_media_phillyitn

[bigmack]

A drunk gets jailed just like a burglar or rapist. To maintain the security of the facility they are axed to disrobe.

[JustRalph]

Never worked in a jail, stinks?

Good decision.

Read between the lines........it's about cell phones......the most dangerous tool (besides a shiv) that the bad guys have while in jail. It's a huge problem now. Cell phones are really small now. Get it?

[Tom]

I think a demonstration is in order, Ralph! :eek:

[NJ Stinks]

Question:

You get a parking ticket. It is placed under your windshield wiper. Before you see the ticket, it blows away or some fool decides to remove it as a joke.

Six months later you are pulled over for talking on your cell phone. Next thing you know some guard is ordering you to strip down and doing a body cavity search.

What country are you in?
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Here's another paste from the Washington Post website:

“The record provides evidence that the seriousness of an offense is a poor predictor of who has contraband and that it would be difficult in practice to determine whether individual detainees fall within the proposed exemption,” Kennedy wrote.

He noted that Timothy McVeigh was stopped by a state trooper after the Oklahoma City federal building bombing for driving without a license plate. And one of the Sept. 11 hijackers was “stopped and ticketed for speeding just two days before hijacking Flight 93.”

Kennedy’s ruling indicated that those subjected to a search but not placed in the general population might have a case. Justice Clarence Thomas did not join that part of the decision. [Clarence is so far out in left field - he's beyond scary.]

Breyer said the decision would legitimize searches conducted to harass or humiliate people for their political views, such as a nun who was strip-searched after being arrested in an antiwar protest. He mentioned instances in the briefs filed with the court in which individuals were searched for “such infractions as driving with a noisy muffler, driving with an inoperable headlight, failing to use a turn signal, or riding a bicycle without an audible bell.”

Link: http://www.washingtonpost.com/politics/supreme-court-upholds-jail-strip-searches----even-for-minor-offenses/2012/04/02/gIQAsZB4qS_story_1.html

So now we are throwing more liberties out the window because of a couple of lunatics. Reminds me of the nut with the bomb in his shoes so now everybody has to take their shoes off.

What's next, comrades?

[bigmack]

some guard is ordering you to strip down and doing a body cavity search.
DO try and read the articles you use to make your case.

Justice Anthony Kennedy said the circumstances of the arrest were of little importance. Instead, Kennedy said, 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.
You used cavity search. I don't see that technique used in this case.

Besides, how much could he hide in a cavity?
(Always floss THEN brush, Kiddies)

http://farm1.static.flickr.com/113/303233665_5b92abfb84.jpg

[NJ Stinks]

DO try and read the articles you use to make your case.


You used cavity search. I don't see that technique used in this case.

Besides, how much could he hide in a cavity?
(Always floss THEN brush, Kiddies)

http://farm1.static.flickr.com/113/303233665_5b92abfb84.jpg

Can't get rid of your picture.

From the article:

Florence was jailed in Burlington County and then Essex County before a magistrate ordered him released. At Burlington, he said, he was forced to disrobe in front of an officer and told to lift his genitals. At Essex, he was strip-searched again and, he said, was made to squat and cough in front of others, a maneuver meant to expel anything hidden in a body cavity.

The paste below is from an Ohio law web site:

2933.32 Body cavity search, strip search - conducting unauthorized search - failure to prepare proper search report.

(A) As used in this section:

(1) “Body cavity search” means an inspection of the anal or vaginal cavity of a person that is conducted visually, manually, by means of any instrument, apparatus, or object, or in any other manner while the person is detained or arrested for the alleged commission of a misdemeanor or traffic offense.

Link: http://codes.ohio.gov/orc/2933.32

[bigmack]

he said, was made to squat and cough in front of others, a maneuver meant to expel anything hidden in a body cavity.
Here again, I don't think you're going to find much in the way of support for your outrage of this passing. :D (Get it? Passing. But I digress.)

Cavity search means more to others than squatting & coughing.

Heck, I have women do that all that time.

Would you mind squatting & coughing? I ax.

Security measures I says.

[NJ Stinks]

You are right, Mack. Nobody seems to care.

And yea. I got the passing part. :)

[NJ Stinks]

Never worked in a jail, stinks?

Good decision.

Read between the lines........it's about cell phones......the most dangerous tool (besides a shiv) that the bad guys have while in jail. It's a huge problem now. Cell phones are really small now. Get it?

Missed your post until now, Ralph. Obviously, you know a lot more about this than I do. So I will re-consider my dismay.

[JustRalph]

Regardless of the reason you are in jail, and i agree the guy got screwed over, once you are population, everybody gets treated the same.

Too many comma's?

[mostpost]

Missed your post until now, Ralph. Obviously, you know a lot more about this than I do. So I will re-consider my dismay.

Ralph was a cop, right? That does not mean he is an expert on the law. In fact it makes it likely that he will see this as a cop rather than according to the law. This is another in a series of laws and court rulings that give more power to the powerful and take it away from the dispossessed.

In this case the police and jailers are given the power to conduct a search absent any reasonable assumption of need. The fourth amendment states:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated
In the first place the man should have never been in jail. It wasn't mentioned in any of the other stories, but tonight on Rachel Maddow I learned that Mr. Florence had documentation on him which proved he had paid the fines. In any case not paying a fine of this sort is not a jailable offense in New Jersey.

Since Mr. Florence was not legally arrested he should not have been searched and any search was a violation of his constitutional rights. The court could have ruled in his favor yet protected the security of the jailhouse by saying that prisoners who are legally incarcerated can be searched but a person who is not legally incarcerated has recourse.

[bigmack]

Since Mr. Florence was not legally arrested he should not have been searched and any search was a violation of his constitutional rights.
While Ms. Maddow was talking, as she does in that "I'm the 5th grade teacher & you're my students" kind of way, did she mention anything at all about how many people are arrested each and every day that didn't deserve to be?

Did she also mention if there are any pending cases before The Supremes about people having their constitutional rights violated from being falsely arrested? I didn't think so.

Another 'hot topic' covered by Maddow that hasn't a leg to stand on.

* Did you just use dispossessed in conjunction with this case? :lol:

[mostpost]

Having skimmed the majority ruling and the dissent, I find a few possibilities for hope in this decision. Justice Roberts, while concurring, cautions that we allow for the possibility of exceptions so as not to "embarrass the future. Justice Alitto, also concurring, stated that most penal institutions have facilities separate from the General Population for low risk inmates who are to be detained just temporarily.

An interesting bit of information from Justice Breyer's dissent is that at least one of the jail facilities has electronic scanning equipment that could detect foreign objects in a person's body. Thereby making a physical search unnecessary, particularly when there is no evidence that the subject is trying to smuggle an item into the facility.

[mostpost]

While Ms. Maddow was talking, as she does in that "I'm the 5th grade teacher & you're my students" kind of way, did she mention anything at all about how many people are arrested each and every day that didn't deserve to be?

Did she also mention if there are any pending cases before The Supremes about people having their constitutional rights violated from being falsely arrested? I didn't think so.

Another 'hot topic' covered by Maddow that hasn't a leg to stand on.

* Did you just use dispossessed in conjunction with this case? :lol:
Yeah I did and when I did it brought to mind the Ursala K LeGuin classic.

[dartman51]

No doubt, if I ever get pulled over, with the slight possibility of being hauled off to jail, the first thing I'm going to do is shove my cell phone up my a$$. :rolleyes: I put this on the same level as the TSA agents searching an elderly persons adult diaper. A felony incident would be handled different, but I don't believe this case qualified. JMHO :ThmbUp:

[JustRalph]

http://www.dailymail.co.uk/news/article-2086834/Now-THATS-concealed-weapon-Inmate-hides-inch-revolver-rectum--unloaded.html

[Tom]

I'm going with stinky here - after thinking about it, cops got much better shit to be doing. If they can't discern criminals from traffic offenders, they should be doing something else. Our jails and prisons are a disgrace, even to hard core offenders. No more power for the man.

[delayjf]

As someone who has worked in both Prisons and Jails - Strip seaches have been going on for decades and they are absolutely necessary. If gangs and drug dealers are willing to use visitors / family members as mules to smuggle in drugs, weapons, etc, you don't think they would also not set up a traffic arrest to smuggle in the same. Once a weakness is exposed, they will exploit it.

[Tom]

That's my point, why is a traffic stop guy going in with murderers and the like to begin with?

[JustRalph]

That's my point, why is a traffic stop guy going in with murderers and the like to begin with?

They are all the same once they step inside. Everybody gets treated the same. Those are the rules from the Feds and the State Courts.

[Tom]

The system is flawed.
Makes as much sense as shutting down that lemonade stand.
This isn't Nazi Germany.....yet.

[delayjf]

That's my point, why is a traffic stop guy going in with murderers and the like to begin with?

Money -jails are overcrowded. If possible they are segregted. But its not always possible.

[Steve R]

The system is flawed.
Makes as much sense as shutting down that lemonade stand.
This isn't Nazi Germany.....yet.
With the elimination of habeus corpus and due process, the authorization of the president to unilaterally execute "enemies of the state" both foreign and domestic, the application of torture and indefinite detention to alleged terrorism "suspects" and the unprecedented use of the military to routinely police the civilian population it isn't far away.

What would it take? Putting Jews (or Muslims) into gas chambers?

[bigmack]

What would it take?
Offing some exponentially resentful goon in Costa Rica?

[Steve R]

Offing some exponentially resentful goon in Costa Rica?
Of course, that's the answer. OTOH, your lack of concern about the destruction of constitutional rights and the consequential conversion of the U.S. into a police state exposes you as the anti-American scum you are. The 21st century equivalent of the Good Germans.

I'll tell you what. As an outsider, watching the U.S. self-destruct out of sheer malice, greed, ignorance and stupidity is a thing to behold. Maybe you can help speed the process so the civilized world can move ahead.

[bigmack]

I'll tell you what. As an outsider, watching the U.S. self-destruct out of sheer malice, greed, ignorance and stupidity is a thing to behold. Maybe you can help speed the process so the civilized world can move ahead.
Forgive me if I don't take this 'self-destruction' serious. I've been hearing about our impending doom for decades from guys just like you. While I feel no need to defend the resiliency of this country, if indeed it does blow-up, it wouldn't exactly be a good thing for Costa Rica. You know, "We sneeze, you get cold..."

I'm too lazy to find stats, but I would imagine most minor charges are let go after a few hours and many others bail out. The strip act comes into play if they're going to spend at least one night. Therefore, they change from their 'Civies' to jail garb. Hey, they're changing clothes anyway. Why not have some county employee watch 'em at the same time? It's not like there's any emotional negotiation. :rolleyes: