Supreme Court vs. The Fourth Amendment: KO!

[Malorn]

Meh.

[Quovatis]

Originally Posted by Malorn

Context matters. The way you wrote that slant piece you made it sound like he got stopped for a traffic ticket and got strip searched, which is not what happened. Nice propaganda piece though.

That pretty much IS what happened. It was a traffic stop, they see he has a warrant for an unpaid fine, he has a letter proving that he paid it, they take him to jail anyway for 6 days. Seems very unreasonable to strip search the guy (twice), much less put him in jail at all. After 6 days, a judge let him free, discovering he had indeed paid the fine as his letter attested.

[ItsTheSheppy]

Originally Posted by Malorn

You left out the part where he was in prison and it was standard procedure to search all new inmates regardless of the crime that put them in there. There was no 4th Ammendment violation here.

Context matters. The way you wrote that slant piece you made it sound like he got stopped for a traffic ticket and got strip searched, which is not what happened. Nice propaganda piece though.

He was arrested for a nonexistent crime; he'd paid the ticket, but was handcuffed and brought in anyway. Held for six days. Strip searched twice. Those are the events, which I never altered. The ruling was that the strip searches were okay because they are generally okay and there for his 'protection'. Those words are direct from the source.

I know he was in custody. It doesn't matter to me in what order he was strip searched, or in what room of the county lockup. What matters to me is we've given authority for them to strip search anybody, for any reason they can claim is 'reasonable', and as this ruling proves, that reasoning can stretch so far that it seems to me that the only way to get it proven to be UNreasonable would be if you had proof that the police officer was getting off on it.

The fact is, the guy was no criminal, and yet was held for a week and sent through two humiliating searches that were clear violations of his constitutional rights. I don't agree with that.

We've already got TSA agents fondling us through our clothes (with the back of their hands, like that makes a difference). What's the stop eventual rulings finding that maybe they can randomly strip-search people at airports, for our 'protection'. How is that not big government? Hell, how is that not a terrifying government.

This could have been any of us. Get a ticket, forget to pay... okay, my bad, I forgot, I pay it and we're square. Weeks later I'm arrested because the state keeps shitty records and I have to have some guy I don't know fondling my genitals, making me parade around nude in front of him, and inserting his finger inside me? For my protection?

If this isn't a clear violation of the 4th amendment, then the amendment needs to be re-written so that it's more clear.