SCOTUS: Strip searches ok for minor traffic offenses

[usregimechange]

Justice Breyer and the 3 female justices: "In my view, such a search of an individual arrested for a minor offense that does not involve drugs or violence—say a traffic offense, a regulatory offense, an essentially civil matter, or any other such misdemeanor—is an “unreasonable searc[h]” forbidden by the Fourth Amendment, unless prison authorities have reasonable suspicion to believe that the individual possesses drugs or other contraband. And I dissent from the Court’s contrary determination...

In that New York case, the “strip search” (as described in a relevant prison manual) involved: “‘a visual inspection of the inmate’s naked body. This should include the inmate opening his mouth and moving his tongue up and down and from side to side, removing any dentures, running his hands throughhis hair, allowing his ears to be visually examined,lifting his arms to expose his arm pits, lifting his feet to examine the sole, spreading and/or lifting his testicles to expose the area behind them and bending over and/or spreading the cheeks of his buttocks to expose his anus. For females, the procedures are similar except females must in addition, squat to expose the vagina.’” Id., at 46.

Amicus briefs present other instances in which individuals arrested for minor offenses have been subjected tothe humiliations of a visual strip search.... They include a nun, a Sister of Divine Providence for 50 years... They include victims of sexual violence....

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

Get this to the main page and rattle some cages now!

[Guy Whitey Corngood]

1. Have I mentioned today how much I despise these 5 goat fuckers. nt

[indepat]

11. Probably not one-half as much as

I. An anus and testicles or vagina search for doing 36 on a 35mph-zone seem right in there with their other odious rulings.

[DocMac]

2. Thats why I always keep a .357 magnum

hidden in my anus. Thats the last place they'll look...oh, wait.

[BlancheSplanchnik]

76. a real upside to childbirth---

you can fit a larger weapon in there.

[DocMac]

84. Lol. But it seems they would still find it. nt

[Ilsa]

3. And Kennedy joined them in this total BS? What are they

preparing for? Everything is being "redesigned" to treat and condition the public to be passive, fearful conformists. If you get arrested protesting, you are treated with the same disdain as a convicted murderer. I can't help but wonder if this excessive stripping of rights and dignity is to prepare us for something ugly that the powers-that-be know is coming.

[raouldukelives]

12. I fear that might be the case. nt

[Baitball Blogger]

56. Probably an intimidation tactic to subdue protesters.

Is this for the legislature to overturn with new legislation?

It's been obvious for a long time that our Supreme Court Justice is too partisan to be objective.

[BanzaiBonnie]

71. Absolutely. This a full on power play

You WILL submit to us.

[snappyturtle]

78. The following is a long video but Chris Hedges

sees the worst coming. I found this video to be sadly enlightening.

http://www.democraticunderground.com/?com=view_post&forum=1017&pid=20052

[Ezlivin]

4. I don't see anything wrong with this

If you leave your domicile for any reason, then you have to expect to come under suspicion.

It's the only way to make this country safe again!

[Smilo]

20. You can't hide - they will get you any and every way the can.

[newspeak]

61. I was going to ask if you were joking

and then I saw the "sarcasm: thingy. Because, you know, there are people in this country who would gladly give up any and all rights they have as long as they are protected from "the bad people" (whoever they are).

[Zalatix]

69. If ya got nothing to hide then why not spread 'em?!!

[spanone]

5. worse president left an even worse supreme court.

[libinnyandia]

6. In 2000 some were concerned about Roe v Wade. It turns out there were a lot of other issues

that Roberts and Alito have made evil decisions on.

[caduceus111]

67. George W.

The gift that keeps on giving.

[felix_numinous]

7. Guilty until proven innocent

the new normal. I never thought I would live to see these times--the trajectory these people want to put this country on is sickening. We are being ruined by psychopaths who get off on abusing people--and going along with abuse just allows it to continue and escalate.

[marmar]

8. ........

[TheKentuckian]

9. What constitutes reasonable? A cop wanting to?

When are we going to defund the police? If we don't we'll get rolled.

[leftyohiolib]

17. thats what alec wants to be rid of the police force so they hire private security

no more needs to worry about pesky laws. this sc(R)otus nds to be disbanded

[freshwest]

28. Yes, they're driving the law into the ground so people will run to another strongman. Fascism 101.

[TheKentuckian]

83. Maybe but Pinkertons aren't an extension of the state.

Everyone is less bound by the law and that arrangement is net less advantageous for those that use such tools to enforce their control. Pinkertons don't have default community support and fewer tools to regulate the society.

Pinkertons promote overreach and indicate a loss of popular suffrage. Almost certainly the aura of superiority takes a major hit. Lots of chaotic instability is introduced, David needs that when dealing with Goliaths. You aren't going to beat them metaphorically running the ball up the middle.

[Politicalboi]

10. Is this for real

South Parks TSA is getting closer and closer all the time. Toilet Safety Administrartion. Must get asshole checked, and wear seat belt on toilet.

[truebrit71]

13. Unreal...

...is it 'the eff word' yet?

[Smilo]

14. WTF is the matter with these 5 - visual strip search of a nun

we need to start stripping these clowns.

They really do not think about repercussions - this is why we have Citizen's United (stupid name).

I really think that these 5 believe they are running a dictatorship.

[RoccoR5955]

15. Is this still the United States of America, or

is it the Police Stated of America?
Inquiring minds want to know!

[ananda]

16. Who's speaking out against this?

Obama?

Biden?

Senators?

Congresspersons?

Media?

Anyone?

[usregimechange]

18. Just us, for now, we have to get this out there and let all of those folks know, it's up to us

[PoliticAverse]

32. Justice Breyer, he wrote a dissent. n/t

[woo me with science]

65. Such an important question.

And the answer so far is extremely disturbing, isn't it?

[bayareaboy]

19. I can see the new training manual ... ...

If the suspect does not comply with in 10 seconds after the first order, then Tase as much as you want.

[Smilo]

21. Well I can see you won't get the job of writing the manual

you are far too generous - if they have not stripped nekkid by the time the oaf-fiser counts to 3 then that's just you asking fer it.

[BlueIris]

22. Vile and disturbing decision. nt

[Lunabelle]

23. As a nurse in a county jail I am fine with this.

It is for the protection of the officers, the staff and other inmates. If you are arrested and taken to jail you could have planned this arrest in order to bring contraband to another inmate. All offenders when coming into jail should be considered as potentially violent. What if a violent offender is arrested on a simple traffic stop? Does his strip search get suspended just because he was arrested for a minor offense this time?

If you have never worked corrections, then you really don't know what you are talking about when it comes to strip searches. It is for our protection, and quite frankly I am worth it.

[PoliticAverse]

27. Note that the decision concerned inmates that are "committed to the general population of a jail".

[Cerridwen]

43. Which ones are those, please?

Could you perhaps post types of infractions/charges, etc. that might have one "committed to the general population of a jail".

Thanks. You seem so much more knowledgeable than I could ever be.

[PoliticAverse]

46. Can be anything you're arrested for if they decide to place you in 'general population'.

Generally you get moved into the 'general population' from a holding cell if you are going to
be in jail longer than a brief amount of time (i.e. a few hours).

In some states you can be arrested for not wearing a seat belt. If you are taken to jail
and can't post bail or get anyone else to post bail for you in a reasonable amount of time
you could be placed in the general population awaiting appearance before a judge.

The question decided in the case was :

Can they strip search everyone placed in the general population or only those new inmates they have reason to
suspect might have contraband hidden in body cavities?

The court decided 5-4 that they can strip search everyone placed in 'general population' even if they were arrested
for a minor offense and even if they are only being held 'temporarily'.

[Cerridwen]

50. Thank you. n/t

[fascisthunter]

40. um... society is NOT a jail

...not yet anyway.

[slampoet]

63. Planned an arrest?

Are you being reasonable or are you killing the rest of us with your fears?

[unionworks]

64. alerted n/t

[Occulus]

73. lol great minds, and all that n/t

[Lifelong Protester]

24. for "minor offenses" ?

does this mean at the side of the road if you are pulled over for speeding? What's stopping them (police) from saying, "heck, what a boring shift, think I'll pull over a speeder and strip search 'em".

It's one thing if you are in jail and on your way to being charged, it's another thing to say that law enforcement can strip search for any offense.

[provis99]

26. I suppose it works on disorderly conduct.

See a hot blonde you want to oogle as a cop? Cite her with disorderly conduct, take her to the police station, and search her vagina to your heart's content!

[freshwest]

31. That has certainly happened before. Big bubba loves his job.

[PoliticAverse]

34. No, the decision concerns inmates that are "committed to the general population of a jail". n/t

[notadmblnd]

42. so if your mother or daughter forgets to pay a traffic ticket and a warrent is issued for her arrest

and is picked up in a routine traffic stop, you are ok with her being violated in this manner?

[PoliticAverse]

44. I wouldn't be ok with them being placed in the "general population". n/t

[notadmblnd]

45. if they are arrested and processed, where do you think they would place them?

I can guarantee it wouldn't be the employee break room.

[PoliticAverse]

47. A holding cell until I can rush right down and bail them out ? n/t

[notadmblnd]

48. It's good to have that sort of flexibility when it comes to ones job or other

commitments. Right now, my sister is out of the country, she wouldn't have the flexibility to come bail me out.

[BanzaiBonnie]

72. That's what this case was about

The passenger in a car stopped for speeding, demand ID, unpaid parking ticket or minor infraction of some sort. Strip search. He was in jail (general population for a number of days) moved to another jail, strip searched again.

Then they found out it was a clerical error. Oopsie, that fine HAD been paid.


This whole thing is about power ~ abuse of power.

[marybourg]

25. Is it fascism YET?

[arely staircase]

29. right wing idea of freedom

you have the right to be strip searched for a traffic violation

you have the right to die of a curable disease

you have the read the bible and wave the flag.

[usregimechange]

33. good summary

[Liberal_in_LA]

30. comment following CNN story: "Awesome. I never liked my civil rights anyway."

[Jon Ace]

35. At least we've still got our freedoms(tm)...

[Rex]

36. Wow, do these guys even care about the damage they

do to society? We have 5 domestic terrorists trying to make sure women are treated worse then they were yesterday. America, we were a land of laws at one time...now all we do is what the wealthy tell the politicians tell us to do!

[fascisthunter]

38. They Vant a Fatherland!

[Rex]

66. Homeland not good nuff?

They gave us another ginormous bloated monster to possibly compete with the MIC one day! Why can't we be happy with that!?!?!

[fascisthunter]

37. Your Paperz Pleazzzzzzzzzze.....

[cr8tvlde]

53. That's so 20th Century and German and European

...we ex-Puritans fleeing for religious freedom, ex-liberators saving the European Continent from repression and brutality fand for democracy and human rights, lecturers and arbiters of other nations's human rights,and refined it to USA 2012 by our 9 brightest scholors ... paraphrased ...

"Forget your papers, we don't care whether you're a citizen or not, you have no right to ask what you did wrong, if anything, take off your clothes and underclothes in front of the nice camera. We'll get back to you."

[kenny blankenship]

77. Buttocks, bitte

[TransitJohn]

39. “Mere factual innocence is no reason not to carry out a death sentence properly reached”

Antonin Scalia

[usregimechange]

41. Write your legislators and mediblast

[mmonk]

49. What's next? The death penalty for parking tickets?

[IDemo]

52. Stoning for being a rape victim

First things first.

[ohheckyeah]

51. States most likely to hand out a traffic ticket:

After crunching the numbers, the National Motorists Association found that the state most likely to hand out a traffic ticket is Florida, followed closely by Georgia and Nevada. The state where drivers are least likely to get a traffic ticket is Montana.

Here is the full list of states:
(ranked from most likely to ticket drivers to least likely)

1) Florida
2 tie) Georgia
2 tie) Nevada
4) Texas
5) Alabama
6) Missouri
7) New York
8) North Carolina
9) District of Columbia
10) New Jersey
11) Louisiana
12) Arizona
13) Mississippi
14) California
15) Maryland
16) Iowa
17) Washington
18) Oklahoma
19) South Carolina
20) Indiana
21) Tennessee
22) Illinois
23) Ohio
24) Kansas
25) Michigan
26) Colorado
27) Delaware
28 tie) Minnesota
28 tie) Virginia
30) Massachusetts
31) Pennsylvania
32) Connecticut
33) Arkansas
34) Wisconsin
35) Vermont
36) Kentucky
37) New Hampshire
38) Hawaii
39) Rhode Island
40) Utah
41) Oregon
42) New Mexico
43) Nebraska
44) Idaho
45) West Virginia
46) Maine
47) Alaska
48) South Dakota
49) North Dakota
50) Wyoming
51) Montana

[slampoet]

62. Rhode Island makes up for it in parking tickets, $30 per person yearly in the 90's

That's EVERY person. not just drivers.

[kath]

54. In the la-and of the free

now stand and salute the flag, everyone.
USA! USA! USA!

[Baitball Blogger]

55. Supreme Court Justices aren't exempt, are they?

Statistically speaking, in the next twenty years at least one of the Supreme Court Justice should be subjected to this kind of search. I mean, assuming the police doesn't play favorites.

[slampoet]

57. Scalia should have been arrested for Public drunkeness in Providence a couple years back.

[Baitball Blogger]

58. That's what I'm talking about.

[PoliticAverse]

60. Seems unlikely that a Supreme Court Justice will end up in the 'general population'. n/t

[Baitball Blogger]

70. Absolute Power corrupts absolutely.

This is headed in that direction. People like Scalia feel they're above the law and never have to worry about being burdened by it. Liberal judges are more empathetic. Scalia is our Borgia Pope. He's going to make a mistake that no one will be able to defend.

[PoliticAverse]

59. Btw the Justice Department argued that the strip searches in question didn't violate 4th amendment.

The brief filed can be read here:
http://sblog.s3.amazonaws.com/wp-content/uploads/2011/08/10-945bsacUnitedStates.pdf

You can see who opposed the searches (filed for/in support of the petitioner ) and who supported them (for/in support of respondent) and their arguments
here: http://www.scotusblog.com/case-files/cases/florence-v-board-of-chosen-freeholders-of-the-county-of-burlington/

[barbtries]

68. this decision

caused a deep feeling of dread to come over my body. MY body!
it can't be said enough: reelect the president! this court needs to change before we become a frankly fascistic police state. clear and present danger.

[Devil_Fish]

75. I think strip searches are ok if your going to jail. Jail for a traffic ticket, not so much.

In jail inmates deserve an expectation of safety. The strip search insures that no wepons get it. I do not think, however, that some one deserves to go to jail for a traffic ticket, or for protesting, or for excercising their constitutional right to freedom of pecefull assembly.

[TruthBeTold65]

79. I believe this is what the repubs would refer to as "a slippery slope" issue...

but I am sure they really don't care as long as you aren't touching their guns or their religion.

[Baitball Blogger]

82. You can't touch my gun, but you can touch my genitals?

Crazy ass priorities.

[DallasNE]

80. On Top Of All Of This

This was a driving while black case. The person involved was even the passenger and had documentation showing that authorities agreed that the outstanding ticket had already been paid. None of that mattered. He had to spend 6 days in jail with 2 strip searches all over an error in the records. Strip searchs are now legal, even in cases of wrongful arrest stemming from a driving while black stop. This decision goes along side Dred-Scott as wrongfully decided.

[nashville_brook]

81. wish i could rec this post - it's curious timing this ruling came down now

with the trayvon situation still developing. insult to injury. threat to injury. it's matters like this that really make me want to leave this country. i don't see things getting better. they're getting worse.

this court is going to overturn the new deal, and send the country into an even bigger crisis than we're already in.

[Odin2005]

85. WTF???