OK for State Agents to Sexually Humiliate Citizens Accused of Minor Crimes

Discussion in 'Civil Rights & Privacy' started by Elizabeth Conley, Apr 2, 2012.

  1. Elizabeth Conley

    Elizabeth Conley Original Member

    http://www.latimes.com/news/nation/...e-court-strip-search-20120402,0,4628756.story

    So Tim McVeigh was arrested, sexually humiliated and released back on the streets before he commited the OK City Federal Building bombing. How was this ritual humiliation helpful in mitigating the effects of McVeigh's crime?
     
  2. Lisa Simeone

    Lisa Simeone Original Member

    Well, this tells us how the Supreme Court will rule if ever a TSA case reaches them. They think it's okay to abuse and humiliate the most minor offenders; they'll think it's okay to abuse everyone else. After all, It's For Your Safety.
     
    barbell likes this.
  3. Mike

    Mike Founding Member Coach

    His license plate fell off as he was making he getaway. He was arrested & jailed a short time later. When the OKC authorities realized who they were looking for, he was already in jail.
     
  4. Elizabeth Conley

    Elizabeth Conley Original Member

    Thanks. I'm afraid that does support the judge's case, but I still disagree with the ruling.

    It sets the stage for continued police abuse. "You may beat the rap but not the ride." When the ride includes sexual humiliation, it's gone too far.
     
    nachtnebel likes this.
  5. Mike

    Mike Founding Member Coach

    That's a red herring. It tells nothing about how how they will deal with TSA searches.

    Also note that the decision was 5-4. Change one of five judges and it could easily go the other way next time.

    This is bad new for people like Shoshana Hebshi. It says that the only pretext they need to humuliate you is an excuse, any excuse, to have you booked into a jail.
     
    Elizabeth Conley likes this.
  6. Sunny Goth

    Sunny Goth Original Member Coach

    Maybe, but maybe not. This strip search case was based on a straight up Fourth Amendment claim. It's a horrible result to be sure, but is not relevant to TSA strip cases (imo). TSA cases are going to be based on the administrative search doctrine. Big difference.

    Also, a huge difference is that the person who had to endure the strip search was accused of a crime (although he was innocent), and taken to jail where he was put into the general jail population. And it was the fact that he was placed in the general population that triggered the need (in the eyes of the jailors) for the strip search.

    With searches at the airport, no one is accused of any crimes and the searches are done within the bounds of the administrative search doctrine. The question for the Supreme Court will be whether or not the searches at the airport fall within the bounds of the administrative search doctrine.
     
  7. Sunny Goth

    Sunny Goth Original Member Coach

    And by 'change', you mean 'replace'. ;)
     
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  8. Lisa Simeone

    Lisa Simeone Original Member

    Is this what they mean by getting the government out of our lives? I guess up our asses is okay.
     
    phoebepontiac likes this.
  9. Except, Shoshana wasn't even arrested, was she? Does this apply to people who were just detained, not under arrest?
     
  10. Mike

    Mike Founding Member Coach

    A couple of them would benefit from renovation.
     
  11. Lisa Simeone

    Lisa Simeone Original Member

    Take a look at the comments at that LA Times article. I'm glad to say most are against the SC's decision, but there's the usual complement of deniers and apologists. And the TSA appears in several comments (and no, I didn't bring it up first!).
     
  12. Lisa Simeone

    Lisa Simeone Original Member

  13. nachtnebel

    nachtnebel Original Member

    G-d this is awful.
     
  14. Sunny Goth

    Sunny Goth Original Member Coach

    From the article that Lisa posted:

    Lawyers on both sides of the case called the ruling a narrow one, in large part because of the separate opinions of Roberts and Alito. Roberts highlighted that Florence was detained based on an arrest warrant, not for a minor traffic offense, and that jail officials lacked any alternative to holding him with the rest of the inmates.

    “It is important for me that the court does not foreclose the possibility of an exception to the rule it announces,” Roberts wrote.

    And

    The complaint said the trooper discovered that Florence was wanted on a bench warrant in Essex County. The officer handcuffed Florence and placed him under arrest, allegedly ignoring an official document the man presented to show that he had paid the fine. Florence said he carried the letter because of a tendency of officers to pull over black men driving nice cars.

    Today’s ruling doesn’t preclude Florence from pressing ahead with other claims based on his time in jail.

    So, you can't be strip-searched for any old minor offense, and there may be exceptions forthcoming.

    Florence can sue whoever it is that he's planning on suing based on the arrest by a cop who refused to pay attention to the official document that Florence was carrying saying he had paid the fine.

    Still, a horrible ruling.
     
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  15. Lisa Simeone

    Lisa Simeone Original Member

    Yes, it is more subtle than at first glance. Still awful.

    This is from a friend of mine who posted a thread at the Veterans for Peace listserv:
     
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  16. Elizabeth Conley

    Elizabeth Conley Original Member

    Not necessarily. I'd love to see the "Justices" who are OK with this arrested for a traffic violation, loitering or drunk in public and subjected to a jail-house strip search.

    That "changes" a person enough for my purposes.:D
     
    barbell, Lisa Simeone and Sunny Goth like this.
  17. RB

    RB Founding Member

    And we have to pay for the strip search at airports. Just no justice in this country.
     
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  18. Sunny Goth

    Sunny Goth Original Member Coach

    Obama may have lobbied the Supreme Court for it, but Bush nominated both Alito and Roberts, so there's enough blame for everyone.

    (edit: this was in response to Lisa's comment from a veteran)
     
  19. Sunny Goth

    Sunny Goth Original Member Coach

    I couldn't agree more.
     
  20. Lisa Simeone

    Lisa Simeone Original Member

    Oh, indeed. You know me: a pox on both their houses!

    (And she posted that on the VPJ listserv because she knows there are lots of Obamabots there. She's not claiming that Bush was any better.)
     
    barbell likes this.

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