由买买提看人间百态

boards

本页内容为未名空间相应帖子的节选和存档,一周内的贴子最多显示50字,超过一周显示500字 访问原贴
WaterWorld版 - Important: Strip Search
相关主题
刚从监狱出来,交完了保释金24小时过去了,我上来看KingofLunHui牛二的ID,笑喷了
求翻译美国前民主党主席找人暗杀他猥亵过的女孩 (转载)
【Break News】真实的 Prison Break 来了!意大利美女
祝各位人渣周末愉快医院保胎,求祝福!
哪个在美国监狱待过?遭遇美国警察,无语---- (转载)
中美最大的三个差距急。在线等 被拘留了
小三怎么翻译呀?老黑为什么穿裤子漏半个皮股?
Re: ”更新“人身完整一些了,昨天去监狱。。看望赵华军 (转载)今天的最大笑话 (转载)
相关话题的讨论汇总
话题: strip话题: court话题: search话题: he话题: important
进入WaterWorld版参与讨论
1 (共1页)
c**i
发帖数: 6973
1
Robert Barnes, Supreme Court Is Asked About Jails’ Blanket Strip-Search
Policies. Washington POst, Sept 12, 2011
http://www.washingtonpost.com/politics/supreme-court-is-asked-
about-jails-blanket-strip-search-policies/2011/09/09/gIQAuc6vNK_story.html
("But more recently, appeals courts in Atlanta, San Francisco and the one in
Philadelphia that ruled against Florence have disagreed. They said the
Fourth Amendment does not forbid a blanket policy of strip-searching those
sent into the general prison population, no matter the charge")
My comment:
(a) The report cited Bell v Wolkish, 441 US 520 (1979), which in Part III D
stated,
"Inmates at all Bureau of Prisons facilities, including the MCC [
Metropolitan Correctional Center at New York City, whose regulations inmates
challenged], are required to expose their body cavities for visual
inspection as a part of a strip search conducted after every contact visit
with a person from outside the institution. * * * We do not underestimate
the degree to which these searches may invade the personal privacy of
inmates. Nor do we doubt, as the District Court noted, that on occasion a
security guard may conduct the search in an abusive fashion. Such abuse
cannot be condoned. The searches must be conducted in a reasonable manner.
But we deal here with the question whether visual body-cavity inspections as
contemplated by the MCC rules can ever be conducted on less than probable
cause. Balancing the significant and legitimate security interests of the
institution against the privacy interests of the inmates, we conclude that
they can."
(b) On May 25, 2011 a Chinese (I could not tell whether it was a mana or a
woman; for convenience, I will use "he") wrote a piece "刚从监狱出来,交完了
保释金" in Mitbbs, saying that he parked his car in front of a government
building, whose security said he could not. When he attempted to drive away,
he backed his car and hit a stop sign. Security apparently wanted to call
police but the driver wanted to leave. There was a scuffle but he left
anyway. Local police went to his house that night, arrested him, and brought
him to a pretrial detention center. Because his spouse did not bail him out
after a handful of hours, he received strip search and sent to general
population of a prison for two days.
I have no idea why "two days;" it could be a weekend when court was not open
for business (arraignment, that is).
(c) It was surprising to me. He seemed to live in San Francisco, part (
headquarters actually) of the US Court of Appeals for the Ninth Circuit.
Atlanta and Philadelphia are, respectively, the headquarters of the Eleventh
and Third Circuits.
Boston, where I live, is the headquarters of the First Circuit.
First Circuit ruled differently on this issue. If a person is arrested for a
non-violent crime and there is no expectation that he carries contraband (a
weapon or drug), he or she will not get strip search in this circuit.
Equally important, a person in this situation will be held in a single-
occupancy cell in the basement of a police station--so there is no worry
that the arrestee will exchange things with or harm another arrestee.
Thus, when I read the posting mentioned above, I was surprised by what
happened in other circuits.
(d) It is important to follow that Supreme Court case, because if Supreme
Court rules for Mr Albert Florence, all arrestees in similar situation will
be compensated, too. But they will have to act fast because some states only
allow two years, whereas some other states allows three years, to file a
civil action.
1 (共1页)
进入WaterWorld版参与讨论
相关主题
今天的最大笑话 (转载)哪个在美国监狱待过?
今天halloween提前, 突然羡慕老美一对一对的年轻夫妻中美最大的三个差距
大家赶快囤积大米, 买块地自己种菜小三怎么翻译呀?
还有多少人跟绝望的主妇?(纯好奇之举)Re: ”更新“人身完整一些了,昨天去监狱。。看望赵华军 (转载)
刚从监狱出来,交完了保释金24小时过去了,我上来看KingofLunHui牛二的ID,笑喷了
求翻译美国前民主党主席找人暗杀他猥亵过的女孩 (转载)
【Break News】真实的 Prison Break 来了!意大利美女
祝各位人渣周末愉快医院保胎,求祝福!
相关话题的讨论汇总
话题: strip话题: court话题: search话题: he话题: important