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High court rules strip search reasonable after traffic stop
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The district's policy for searches is a mess. As the court points out, it gives no guidance to administrators on how to reach its self-generated standard of "reasonable cause" before performing a search.
However, it does tell administrators searches by school personnel should be as non-intrusive as possible and only when there's a "reasonable" belief contraband might be found. Srarch only discipline handed out for this mass violation of rights was a memo chastising the Vice Principal for performing a search to find something not actually considered to be "contraband. In fact, the principal's memo seemed to suggest strip searching students was acceptable as long as the principal was given a heads up. Rather than forbidding all strip searches going forward, the memo requested: For what are perhaps obvious reasons, the parties do not dispute that the alleged search failed all three conditions.
It was clearly unconstitutional. The school tried to claim the plaintiffs had nothing to support their claims.
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It tried to portray this as allegations searvh an unconstitutional policy. But the Appeals Court notes the plaintiffs are actually alleging the school had done nothing at all to provide search guidance to its administrators. This changes the judicial math a bit. This allows the plaintiffs to move forward with their allegations, overturning the lower court's dismissal.
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The Appeals Court notes this reversal isn't meant to suggest the plaintiffs have enough evidence to prevail on this claim -- only that they should not have seen their case dismissed during the first round of pleadings by the lower court. But what seems obvious to everyone was somehow unclear to the vice principal who ordered the searches. Nevertheless, the year-old Bordentown resident was handcuffed and arrested, then taken to the jail in Burlington County, in the central part of the state. Court records show Florence was subjected to an invasive strip and visual body-cavity search.
He was then held for six days in the county lockup before being transferred to a Newark correctional facility, where, he claims, he movids subjected to another more intrusive search before xearch placed in the general prison sarch. Florence then sued, claiming the search protocols violated his Fourth Amendment rights, since neither jail reasonably suspected he presented a security threat, or was smuggling contraband. But a federal appeals court in Philadelphia last year ruled the blanket search policy proper. In dissent, Justice Stephen Breyer said, "I cannot find justification for the strip search policy at issue here -- a policy that would subject those arrested for minor offenses to serious invasions of their privacy.
Florence," he said, "then it is an extraordinary intrusion on dignity and autonomy to strip him naked when they have no reason to do so. Noting that jail is "without question one of the most dangerous, most risky environments," he said he hoped the court would not ask "individual jailers to make decisions where they clearly will not have the kind of information" they would need and "where if they make a judgment wrong in either direction, all it means is litigation. The Constitution's Fourth Amendment protects against "unreasonable searches and seizures. Using a balancing test, the justices said the prison's security interest justified intrusion into the inmates' privacy.
But subsequent appeals courts have found those arrested for minor offenses may not be strip searched unless authorities have a "reasonable suspicion" that the person may be concealing a weapon or contraband such as drugs. Inhowever, appeals courts in Atlanta and San Francisco found searches of every inmate coming into the prison population are justified, even without specific suspicions.