High court upholds jails' strip searches

[WillParkinson]

Source: Huffington Post

WASHINGTON — The Supreme Court has ruled that jailers may subject people arrested for minor offenses to invasive strip searches, siding with security needs over privacy rights.

By a 5-4 vote Monday, the court ruled against a New Jersey man who complained that strip searches in two county jails violated his civil rights.

Justice Anthony Kennedy said in his majority opinion for the court's conservative justices that when people are going to be put into the general jail population, "courts must defer to the judgment of correctional officials unless the record contains substantial evidence showing their policies are an unnecessary or unjustified response to problems of jail security."

In a dissenting opinion joined by the court's liberals, Justice Stephen Breyer said strip searches improperly "subject those arrested for minor offenses to serious invasions of their personal privacy."

Read more: http://www.huffingtonpost.com/huff-wires/20120402/us-supreme-court-strip-search/

[geardaddy]

1. USA! USA! USA!

[Hugabear]

2. Conservatives sure seem to love this sort of stuff

They scream "less government" and "more freedom" - except when it comes to the most private, sensitive issues - then it's government all the way.

[avaistheone1]

9. Evidentally Obama loves it too.

http://www.bloomberg.com/news/2012-04-02/jailhouse-strip-searches-backed-by-u-s-supreme-court.html

[alp227]

23. not over there...

http://www.freerepublic.com/focus/f-news/2791697/posts

[Arctic Dave]

3. If they are their for a "minor" offense, why take them to jail at all?

Seems a waste of money to do this.

[avaistheone1]

8. Exactly.

[dixiegrrrrl]

18. No, there is money and statistics to be made from even minor offenses.

We will soon be reading of kids in elementary school being strip searched because the police were called over chewing gum or some such.
I am serious.

[lib2DaBone]

4. When the high court has no problem with waterboarding and torture.....

Torture of prisoners...dropping drone bombs on inocent women and children... NDAA putting innocent Americans in jail without charges or trial....

Stip-searches seems very tame.

I have an idea? How about bringing back an oldie-but-goodie from Viet Nam? Bamboo shoots forced under the finger nails.....

When the Congress and Senate no longer work for the American people.. who do they work for?

Sorry.. retorical.

[1StrongBlackMan]

5. While ...

I agree with Artic Dave's "if it's a minor offense why are they jailed" question, I must say this issue doesn't cause me much heartburn. When you are jailed, you give up any expectation of privacy.

Besides ... though somewhat humiliating, especially the being naked and the squat and cough part, strip searches are really not that bad.

[Occulus]

10. "strip searches are really not that bad"

What the FUCK has happened to our country?

"strip searches are really not that bad"

[1StrongBlackMan]

11. Yeah ...

I have done them and been subject to them for security reasons. They're really not a big deal ... especially when one considers the alternative.

BTW, how would you suggest that jails stem the flow of contraband? And minor offenders DO transport contraband.

[abolugi]

12. I had to under go one

for a traffic ticket I had forgotten about. They only did it to humiliate me and show me whos boss. Because they could!
There is no reason to force the average citizen to "squat and cough" while naked for a simple traffic ticket except to assert power over people.
Cops will love having this much power. Soon they will be pulling bystanders off the streets and strip searching them for "public safety"
I do not like this ruling at all.

[1StrongBlackMan]

14. I disagree ...

If you are arrested and detained, for whatever offense, why should you NOT be strip-searched? Would the fact that it is for a "minor offense" eliminate the possibility that you might be transporting contraband?

[dash_bannon]

19. Sorry, I disagree

So, if a dude is arrested for having a couple of joints, he should be strip searched?

I'm not comfortable with such police state tactics.

Someone incarcerated for a minor offense has not committed a minor or major crime. The strip search could be used on protesters refusing arrest while protesting. I don't think that would be cool or a good use of our police force.

[Purveyor]

6. The Ruling Is A Victory For The Obama Administration...

Administration Victory

The ruling is a victory for the Obama administration, which contended that prison and jail officials need wide latitude to fashion security and safety policies. Federal appeals courts around the country had been divided on the subject, which turns on the Constitution’s Fourth Amendment, which protects people against “unreasonable searches.”

http://www.bloomberg.com/news/2012-04-02/jailhouse-strip-searches-backed-by-u-s-supreme-court.html

[onehandle]

7. I trust these five were stripped searched to be fair and balanced in their ruling. nt

[alp227]

13. Who searched Clarence Thomas, Anita Hill?

I have no idea why Thomas has never recused himself from cases involving sexual issues or bodily orifices.

[Rochester]

15. Scalitas once again dances on the grave of the 4th Amendment

[a2liberal]

16. Ugh. Just ugh.

Keep in mind that the administration supported this. And Republicans obviously do. So this means that with new Justices the court will only get more fascist. I'm especially disturbed that so many here are rationalizing this.

[blackspade]

17. The 'conservative wing' of the court are authoritarians.

No authority claimed by the government is too egregious for these a-holes unless it has to do with their corporate 'person' buddies.

[Politicub]

20. Chilling to the bone

Get a speeding ticket, get stripped searched.

To the conservatives on the court, an arrest is a blanket license to strip someone of their human dignity. Why not a group strip search and an invitation to take a shower to get deloused?

I am horrified at this decision... and the terrible thing is that there are surely more decisions like this to come.

[Blue_Tires]

25. +1

[PoliticAverse]

30. The Solicitor General of the US, Donald Verrilli...

submitted a brief for the Justice Department arguing that such searches didn't violate the 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/

Note that in the Supreme Court's decision that it's not the mere 'arrest' that allows such a search but placing an arrested person in the 'general population' of the jail.

[happyslug]

21. Here is the actual Court Opinion

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

[bigdarryl]

22. This court is out to lunch

What happens if this crazy ass court makes a ruling that the majority of people don't like it and tell the Supreme Court FUCK YOU and your ruling we ain't abiding by it. So I guess a female can be stopped and stripped searched by a male officer and the courts say it's Constitutional MY GOD!!!!!

[WillParkinson]

26. Of course...

Justice Thomas would be delighted.

[PoliticAverse]

31. You can't be "stopped and stripped searched" according to the decision (which was supported by...

a brief filed by the Justice Department), only when you have been arrested and placed in the 'general population' of the jail.

[sarcasmo]

24. Putting people in prison is what this country does best.

[Loge23]

27. The Facists are winning.

The right-wing has the morons calling us socialists as they continue to strip away the essence of being American - what a great cover for them.
We can pretty much kiss the long-held concept of innocent until proven guilty away in 21st century America.
There's the now-ubiquitous drug testing for just about any and every job, there's the FISA bill which protects Americans only by a signing statement, there's the TSA checkpoints at the airport, and now there's this - just to reinforce everything.
The republicans are a fascist, terrorist organization that is systematically destroying America. Sounds crazy , right?
It's not, it's happening.

[unkachuck]

28. does this mean....

....if I get arrested for jay-walking, some big cop at the station is going to poke his big finger up my ass?....if so, I'm only crossing at corners from now on....

....I would love to see a supreme court justice arrested and strip searched; no telling what evil is going on under those big robes....

[MADem]

29. It's not a very amusing topic, but the earnestness of your post made me laugh! nt

[Doctor_J]

32. Fox "News" and hate radio should be screaming about this

But they're too busy defending mentally ill vigilantes

[Thrill]

33. Imagine if a conservative replaces Ginsburg?

Will this even be America anymore?

[bemildred]

34. Sonograms for all! nt