Supreme Court upholds jail strip searches, including for minor offenses
The Supreme Court ruled Monday that those arrested for even minor violations may be strip-searched before being admitted to jail, saying safety concerns outweigh personal privacy rights.
The court’s conservatives ruled against a New Jersey man who was strip-searched after being mistakenly arrested on an outstanding warrant.
"The court’s conservatives ruled against..." I guess that means the court's liberals ruled for the criminals sneaking in weapons, etc. Just saying.
Justice Anthony M. Kennedy wrote the majority opinion in the 5 to 4 ruling, saying that correctional officials have good reason to “to perform thorough searches at intake for disease, gang affiliation, and contraband.”
“There is a substantial interest in preventing any new inmate, either of his own will or as a result of coercion, from putting all who live or work at these institutions at even greater risk when he is admitted to the general population,” Kennedy wrote.
Chief Justice John G. Roberts Jr. and Justice Samuel A. Alito Jr. agreed with the outcome but wrote separately to emphasize that the decision concerned only those admitted to the general population of a correctional facility. An exception to the rule might apply to those detained on minor charges and kept apart from the rest of the jail population, they said.
Justice Stephen G. Breyer wrote a dissenting opinion, joined by the rest of the court’s liberals. They said corrections officials must have reasonable suspicion that the person arrested poses a danger before subjecting them to a strip search that is “inherently harmful, humiliating, and degrading.”
“And the harm to privacy interests would seem particularly acute where the person searched may well have no expectation of being subject to such a search, say, because she had simply received a traffic ticket for failing to buckle a seatbelt, because he had not previously paid a civil fine, or because she had been arrested for a minor trespass,” Breyer wrote.
The case was brought by Albert Florence, a New Jersey man who said he was subjected to two invasive inspections in 2005 after being mistakenly arrested for not paying a fine.
A state trooper pulled over Florence’s BMW in 2005 as he and his family were on the way to his mother-in-law’s to celebrate the purchase of their new home. He was handcuffed and arrested in front of his distraught, pregnant wife and young son.
He spent seven days in jail because of a warrant that said, mistakenly, he was wanted for not paying a court fine. In fact, he had proof that the fine had been paid years earlier; he said he carried it in his glove box because he believed that police were suspicious of black men who drove nice cars.
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 said he was made to squat and cough in front of others, a maneuver meant to expel anything hidden in a body cavity.
Forgive me if I take this as a sign of a man with a chip on his shoulder. And yes, if this a complete and accurate story then what he went through was degrading and humiliating. Personally as someone who routinely carries men in the back of a car who may be armed I will degrade and humiliate them if need be to insure my safety, the safety of other cops and jailers. If that means a strip search, so be it.
In 1979, the Supreme Court said that prisons could conduct body cavity searches of inmates after visits with outsiders, on the theory that those from the outside world might attempt to bring contraband to the prisoner...
...Kennedy’s opinion said there was justification for such a policy. Corrections officials “must have substantial discretion to devise reasonable solutions to the problems they face,” he wrote.
He said jailers must be effective in ensuring that weapons are not brought into jails. They have an interest in examining detainees for wounds, signs of disease or gang tattoos. They have a need to stop the smuggling of drugs. Corrections officials do not have to have a reason to believe an individual detainee might pose a risk if he or she is being admitted into the general population, Kennedy said....
I'm not the biggest fan of the man but thank you Justice Kennedy. You're opinion shows where the focus of the matter needs to be. In the safe operation of a very unsafe place, the jail.
This comment has been removed by a blog administrator.
ReplyDeletejimp said...
DeleteIt's OK to strip search a man for no reason whatsoever - even after he shows the cops they were 100% wrong, that he HAD paid his fine and he had PROOF? To say nothing of his being locked up for 6 days by the morons at the Burlington Police who couldn't (or wouldn't) verify that what Mr Florence told them & showed them was true?!
Is it any wonder people justifiably don't trust the idiots who believe that being in LAW ENFOREMCENT also makes them the LAW ITSELF!
jimp"
jimp, I'm sorry but I accidentally deleted your comment when I was posting a response. I did have it on my response draft so here it is.Now my response.
The man wasn't strip searched for no reason as you so wrongly vent, but because he is in he jail and the jailers have to determine if he is armed It is flat out amazing what king of weapons and other contraband can be hidden by prisoners. So yes, they were justified in stripping him.
As far as the arrest if the story is true six days is far too long to verify a paid fine and the man has a legit issue on false imprisonment. Their could be a civil suit and other remedies.
But just as if someone is mistakenly detained (wrong id, etc) that doesn't give them the right to resist arrest. And insuring the safety of the cops and jail staff is the critical issue.