On Mon, Apr 2, 2012 at 12:57 PM, Cameron Childress <camer...@gmail.com> wrote: > > I think it's fair to say "not paying a fine should not land you in jail". > IMO there are ***LOTS*** of things that will land you in jail that should > not. But that's not what this ruling is about. At. All.
I agree. > However.... Once you're in jail, all bets are off. And that's where I disagree. You still have rights after you are arrested. That is when they are most important, in fact. > It's critical for the safety of everyone - other inmates, corrections > officers, etc, that each and every prisoner be searched for weapons or > other dangerous materials on the way in. That's why they have pat downs and metal detectors. > I think you are arguing the wrong point here. Argue that this > guy should not have been in jail and I'd be interested in hearing more > about why he was sent there. Arguing that inmates should not be checked for > weapons doesn't make sense to me at all. The fact that he shouldn't have been in jail is beside the point. The argument would be exactly the same if he hadn't paid the fine. No one is arguing that inmates should not be checked for weapons. The idea, however, that you can strip search someone without any reasonable cause, however, is repellant to me. And that is the heart of the matter here. Neither of the jails had any probable cause to believe that he had any weapons or dangerous materials that would not be picked up in the normal course of intake. If there is reason to believe that someone might be secreting dangerous materials, then I'm totally on board. Strip search away. Instead, the court ruled that anyone being booked for any offense can be strip searched and that there is no minimal standard for reasonableness. That's where I think there is a huge overreach and a incursion onto the 4th Amendment. Cheers, Jud ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~| Order the Adobe Coldfusion Anthology now! http://www.amazon.com/Adobe-Coldfusion-Anthology/dp/1430272155/?tag=houseoffusion Archive: http://www.houseoffusion.com/groups/cf-community/message.cfm/messageid:349375 Subscription: http://www.houseoffusion.com/groups/cf-community/subscribe.cfm Unsubscribe: http://www.houseoffusion.com/groups/cf-community/unsubscribe.cfm
