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Thread: High court upholds jailhouse strip searches(edited)

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    High court upholds jailhouse strip searches(edited)

    So much for conservative values from our uber right wing 5 in the SCOTUS.


    High court upholds jailhouse strip searches

    In a 5-4 decision, the court ruled against a New Jersey man who was strip searched in two county jails following his arrest on a warrant for an unpaid fine that he had, in reality, paid.

    The decision resolved a conflict among lower courts about how to balance security and privacy. Prior to the Sept. 11, 2001, terror attacks, lower courts generally prohibited routine strip searches for minor offenses. In recent years, however, courts have allowed jailers more discretion to maintain security, and the high court ruling ratified those decisions.

    In this case, Albert Florence's nightmare began when the sport utility vehicle driven by his pregnant wife was pulled over for speeding. He was a passenger; his 4-year-old son was in the backseat.

    Justice Anthony Kennedy said the circumstances of the arrest were of little importance. Instead, Kennedy said, Florence's entry into the general jail population gave guards the authorization to force him to strip naked and expose his mouth, nose, ears and genitals to a visual search in case he was hiding anything.


    This is where libertarians and I get along just fine in agreeing that the GOP believes that privacy is not a value of any kind for Americans because Republicans are too scared and IMO, this makes them too scared to run the country.

    Ben Franklin was right. We gotta get these activist cowards out of the Judicial system. They always side with authority over the people.


    Quote Originally Posted by Ben Franklin
    Those Who Sacrifice Liberty For Security Deserve Neither.
    Last edited by Redress; 04-03-12 at 10:51 PM. Reason: To Comply with BN guidelines-Title changed.
    Quote Originally Posted by Moderate Right View Post
    The sad fact is that having a pedophile win is better than having a Democrat in office. I'm all for a solution where a Republican gets in that isn't Moore.

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    Re: Fear rules the right wing SCOTUS

    First, Franklin's quote has nothing to do with this case. He was referring to laws that restrict freedom to gain security.

    Second, this guy was accused of a violation and arrested. His strip search was part of the effort of the guards to prevent dangerous weapons, drugs and other contraband from entering the prison system. The fact that he was wrongly accused does not negate the need to keep contraband from the prison population.
    You, my brothers and sisters, were called to be free. But do not use your freedom to indulge the flesh; rather, serve one another humbly in love.For the entire law is fulfilled in keeping this one command: “Love your neighbor as yourself.”

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    Re: Fear rules the right wing SCOTUS

    Quote Originally Posted by ksu_aviator View Post
    First, Franklin's quote has nothing to do with this case. He was referring to laws that restrict freedom to gain security.
    Which is exactly what this ruling is about.

    Quote Originally Posted by ksu_aviator View Post
    Second, this guy was accused of a violation and arrested. His strip search was part of the effort of the guards to prevent dangerous weapons, drugs and other contraband from entering the prison system. The fact that he was wrongly accused does not negate the need to keep contraband from the prison population.
    I see, all "accused" right or wrong are subject to whatever perversions the authority throws at them. You keep putting your faith in authority. I'll keep my faith with the people.
    Quote Originally Posted by Moderate Right View Post
    The sad fact is that having a pedophile win is better than having a Democrat in office. I'm all for a solution where a Republican gets in that isn't Moore.

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    Re: Fear rules the right wing SCOTUS

    Quote Originally Posted by poweRob View Post
    So much for conservative values from our uber right wing 5 in the SCOTUS.


    High court upholds jailhouse strip searches

    In a 5-4 decision, the court ruled against a New Jersey man who was strip searched in two county jails following his arrest on a warrant for an unpaid fine that he had, in reality, paid.

    The decision resolved a conflict among lower courts about how to balance security and privacy. Prior to the Sept. 11, 2001, terror attacks, lower courts generally prohibited routine strip searches for minor offenses. In recent years, however, courts have allowed jailers more discretion to maintain security, and the high court ruling ratified those decisions.

    In this case, Albert Florence's nightmare began when the sport utility vehicle driven by his pregnant wife was pulled over for speeding. He was a passenger; his 4-year-old son was in the backseat.

    Justice Anthony Kennedy said the circumstances of the arrest were of little importance. Instead, Kennedy said, Florence's entry into the general jail population gave guards the authorization to force him to strip naked and expose his mouth, nose, ears and genitals to a visual search in case he was hiding anything.


    This is where libertarians and I get along just fine in agreeing that the GOP believes that privacy is not a value of any kind for Americans because Republicans are too scared and IMO, this makes them too scared to run the country.

    Ben Franklin was right. We gotta get these activist cowards out of the Judicial system. They always side with authority over the people.

    How did you tie SCOTUS to Republicans again? I missed that part.
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    Re: Fear rules the right wing SCOTUS

    I happen to agree with this SCOTUS decision. Once you enter into the jail population, it's in the interest not only of the State, the employees of the State but also of other inmates that a person be checked ... including a strip search. That it happened in a case where it didn't need to happen, is irrelevant. Justice Kennedy had it exactly right.
    “I think if Thomas Jefferson were looking down, the author of the Bill of Rights, on what’s being proposed here, he’d agree with it. He would agree that the First Amendment cannot be absolute.” - Chuck Schumer (D). Yet, Madison and Mason wrote the Bill of Rights, according to Sheila Jackson Lee, 400 years ago. Yup, it's a fact.


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    Re: Fear rules the right wing SCOTUS

    Quote Originally Posted by poweRob View Post
    So much for conservative values from our uber right wing 5 in the SCOTUS.


    High court upholds jailhouse strip searches

    In a 5-4 decision, the court ruled against a New Jersey man who was strip searched in two county jails following his arrest on a warrant for an unpaid fine that he had, in reality, paid.

    The decision resolved a conflict among lower courts about how to balance security and privacy. Prior to the Sept. 11, 2001, terror attacks, lower courts generally prohibited routine strip searches for minor offenses. In recent years, however, courts have allowed jailers more discretion to maintain security, and the high court ruling ratified those decisions.

    In this case, Albert Florence's nightmare began when the sport utility vehicle driven by his pregnant wife was pulled over for speeding. He was a passenger; his 4-year-old son was in the backseat.

    Justice Anthony Kennedy said the circumstances of the arrest were of little importance. Instead, Kennedy said, Florence's entry into the general jail population gave guards the authorization to force him to strip naked and expose his mouth, nose, ears and genitals to a visual search in case he was hiding anything.


    This is where libertarians and I get along just fine in agreeing that the GOP believes that privacy is not a value of any kind for Americans because Republicans are too scared and IMO, this makes them too scared to run the country.

    Ben Franklin was right. We gotta get these activist cowards out of the Judicial system. They always side with authority over the people.

    While I don't disagree with you philosophically, you are misstating what the decision was about:

    Florence's entry into the general jail population gave guards the authorization to force him to strip naked and expose his mouth, nose, ears and genitals to a visual search in case he was hiding anything.
    You may not agree with this, but it doesn't have anything to do with "fear." It doesn't have anything to do with 9/11 or terrorism or anything regarding public safety at all. It's about ensuring safety (of the guards and other inmates) inside a prison.
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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    Re: Fear rules the right wing SCOTUS

    "Upholds" being the key term, these types of procedures have happened frequently in the last decade, I'm assuming that they felt no need to overturn previously ratified legislation over a single isolated incident. Do I agree with them? Not at all, but their reasoning isn't too outlandish.
    Last edited by a351; 04-02-12 at 09:19 PM.

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    Re: Fear rules the right wing SCOTUS

    Quote Originally Posted by Harshaw View Post
    While I don't disagree with you philosophically, you are misstating what the decision was about:



    You may not agree with this, but it doesn't have anything to do with "fear." It doesn't have anything to do with 9/11 or terrorism or anything regarding public safety at all. It's about ensuring safety (of the guards and other inmates) inside a prison.
    It's my contention that fear is the general basis of why a ruling sides with authority over the people.
    Quote Originally Posted by Moderate Right View Post
    The sad fact is that having a pedophile win is better than having a Democrat in office. I'm all for a solution where a Republican gets in that isn't Moore.

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    Re: Fear rules the right wing SCOTUS

    Quote Originally Posted by Hare View Post
    "Upholds" being the key term, these types of procedures have happened frequently in the last decade, I'm assuming that they felt no need to overturn previously ratified legislation over a single isolated incident.
    Until it happens to you I'm sure you'll feel that way. I'd rather stand for something when its wrong even BEFORE it happens to me.
    Quote Originally Posted by Moderate Right View Post
    The sad fact is that having a pedophile win is better than having a Democrat in office. I'm all for a solution where a Republican gets in that isn't Moore.

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    Re: Fear rules the right wing SCOTUS

    Quote Originally Posted by poweRob View Post
    It's my contention that fear is the general basis of why a ruling sides with authority over the people.
    It's not "the people." It's inside a prison. You do know that inmates have severely-restricted rights, yes?
    “Offing those rich pigs with their own forks and knives, and then eating a meal in the same room, far out! The Weathermen dig Charles Manson.”-- Bernadine Dohrn

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