Supreme Court has trouble balancing strip-searches with privacy rights

[alp227]

Source: Wash. Post

The Supreme Court on Wednesday had trouble drawing a boundary for how intimately corrections officials may search those entering jail without violating constitutional rights of privacy.

After an hour of often graphic arguments about strip-searches and body-cavity inspections, the justices seemed to accept that even those picked up for minor violations could be required to strip and shower under the watchful eyes of jailers.

But the tougher question was whether officials eager to keep weapons and other contraband out of jails could more closely inspect private body parts without some reasonable suspicion to justify the search.

Such a “significant intrusion on individual privacy and individual dignity” requires some reason to believe the arrested person poses a danger, said Washington lawyer Thomas C. Goldstein. He represents Albert Florence, a New Jersey man who said he was subjected to two invasive inspections after being mistakenly arrested for not paying a fine.

Read more: http://www.washingtonpost.com/politics/supreme-court-has-trouble-balancing-strip-searches-with-privacy-rights/2011/10/12/gIQAaleGgL_story.html

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The case is Florence v. Board of Chosen Freeholders.

[Mz Pip]

1. This has been going on for decades

I remember in 1968 a friend of mine was arrested for a misdemeanor and seriously strip searched. When she questioned it the matron doing the search said, "You could fit Mt. Everest up there, honey."

I still remember that. Seemed pretty outrageous back then and not much has changed.

[LiberalFighter]

2. The matron's funeral should had been attended

and someone should had yelled out how much was stuffed up her ass.

[TheMadMonk]

3. Simple sollution. Put visitors and prisoners in disposable bootied jumpsuits.

Make suit closure 1 way, so suit needs to be removed with a tear tab/string like a celophane wrapper.

[SkyDaddy7]

4. Very good idea but they will claim cost as a no go. nt.

[COLGATE4]

9. What do you do when they have to go to the bathroom?

[bananas]

12. #1 or #2 or #3? nt

[TheMadMonk]

17. Go back the other side of the barrier, do your business and get another...

...bunny suit.

[ck4829]

5. Time for a pool - 5:4, the corrections officials can do whatever they want

Going by the great (:sarcasm:) record of this court so far.

[JJW]

6. Always thought the underwear bomber

would be used to justify more assaults on liberty.

[Vattel]

7. I am hopeful that we (civil libertarians) will win this one.

[fasttense]

8. So the dancing supremes are ignoring well established law yet again

and are trying to determine when the police and private security firms can put their fingers and probes up your anus and vagina.

Because we all know that the founding fathers really wanted this done.

[tk2kewl]

10. I bet they'd find it a lot eaiser if they were subjected to an unwarrented strip search.

nt

[Dawson Leery]

11. +1

[-..__...]

13. I wonder what percentage of contraband is smuggled in...

by prison guards, staff etc?

[bananas]

14. Sew 'em up with an official wax seal.

It's a standard practice in many countries to remove the clitorus and then sew up the vagina.
It's much more destructive than simply removing the male foreskin, a common practice in the U.S.
An official wax seal would guarantee that the stitches had not been removed and replaced.

[Supply Side Jesus]

15. strip search is one thing, but body cavity?

man, if you need a joint THAT bad it's yours....

[defendandprotect]

16. Aa the RW rises more and more a threat of sexual perversion protected by courts ....

In NJ, this began back in the 70's -- we had a woman in a small town here

arrested for a traffic violation and strip searched--

Outrageous at the time -- not so much any more!!