Thursday, April 05, 2012

Body Cavity Search in Room 3 - Bring Cola!

Some things just aren’t funny nincompoopery – they are appalling.  This is one.
The Supreme Court found this week that strip searches of anyone arrested for any crime are legal.  The case, in particular, concerns Mr. Albert Florence.  His wife was driving their car – he, along with their 3 children were passengers – so this was no gang bang cruising, they were on their way to grandma’s for dinner.  Then, during a routine traffic stop, he was arrested for out-standing tickets.  Before you get all “he deserved to have his anus probed because he didn’t pay his tickets”, let me say that this was an error in paperwork.  He HAD paid the tickets.
Not only that, but he knew that being black is essentially grounds for suspicion in New Jersey – and he was CARRYING the papers that explained it was a clerical error.  The police ignored or did not believe his paperwork, and booked him into jail.  At which point they strip searched him.
He was left there over a day when, through a “mistake” or because he was uppity in proclaiming his innocence, he was transferred to a county lock-up.  Whereupon he was AGAIN strip searched.  Only over 24 hours later was the paperwork discovered and he was released. (you can read the recap in the ChristianScience Monitor)
His case was taken to the Supreme Court which ruled that strip searching of anyone, arrested for anything is legal.  Justice Kennedy (the paragon of moderation) said that it is appropriate – and used the example of Timothy McViegh – the Oklahoma City bomber.  He was, it was pointed out by Justice Kennedy, stopped for a missing license plate.
Okay, FIRST, even if they stripped searched him they would not have a found the van full of fertilizer and dynamite under his genitals.  SECOND, he wasn’t arrested, he was stopped for a missing license plate – is Justice Kennedy suggesting that the police , if pull you over on the side of the road, are allowed to perform a body cavity search?  “Hello, I need your license, registration and please bend over while I put on a rubber glove.”
Welcome to the 3rd world.


"Supremely Shocked" in Wisconsin said...

I've come to realize recently that the "brilliant minds' of our supreme court justices aren't that brilliant afterall. False equivalents seem to reign supreme (pardon the punn) in their thought processes and rulings.

Anonymous said...

Dearheart, does strip search mean the same thing as a cavity search in NJ? Because in the O.C. they do not. My brother served as the Lt. in charge of Theo Lacey (med security facility) for several years and also worked at O.C. Jail during his first 4 years on the force. People brought in for parking tickets and non-violent offenses (drunk in public) were not cavity searched but they would have had to be stripped searched before there were put in with the general population. -svh