San Francisco Does it Again!

[Bobshouse]

FYI... OMG Liberal Judges making security decisions!
Nothing NEW in San Francisco!!
SFGate: Jail strip-searches were illegal, court rules



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This article was sent to you by someone who found it on SFGate.
The original article can be found on SFGate.com here:
Jail strip-searches were illegal, court rules
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Saturday, August 23, 2008 (SF Chronicle)
Jail strip-searches were illegal, court rules
Bob Egelko, Chronicle Staff Writer


San Francisco violated the rights of thousands of jail inmates who were
strip-searched without authorities having any reason to believe they were
carrying weapons or contraband, a divided federal appeals court ruled
Friday.
The 2-1 decision by the Ninth U.S. Circuit Court of Appeals in San
Francisco applied to a city policy that was in effect from April 2002 to
January 2004 at the city's reception jail, where all newly arrested
inmates are taken before being transferred to another jail in 24 hours or
released.
Under the policy, every inmate who was designated for transfer to another
jail was subjected to a visual body cavity search.
Jail officials said they needed the strip searches to keep inmates from
smuggling guns and drugs into the jails. But the appeals court, upholding
a federal judge's 2005 ruling, said the policy violated constitutional
standards that allow such searches only for specific reasons - that the
inmate is charged with a violent or drug-related crime, has committed
those crimes in the past, or is reasonably suspected of concealing
contraband.
Sheriff Michael Hennessey changed the jail's policy in January 2004 to
conform to those standards.
"Blanket strip searches of (newly arrested inmates) regardless of severity
of charge and without reasonable suspicion is unconstitutional" under the
court's rulings dating to 1984, Judge Sidney Thomas said in Friday's
decision.
The ruling drew a sharp dissent from Judge Richard Tallman, who said the
court was ignoring jail officials' evidence of smuggling by inmates
arrested for minor crimes.
The third panel member, Judge Sandra Ikuta, said she was compelled to
follow the precedents cited by Thomas but agreed with Tallman that "we
have dangerously substituted our judgment for the judgment of jail
administrators."
City Attorney Dennis Herrera will consider asking the full appeals court
for a rehearing, spokesman Matt Dorsey said. The case has "a direct
bearing on the safety of jail inmates and staff," Dorsey said.
Plaintiffs' lawyer Mark Merin said the ruling affects about 28,000 former
inmates who were strip-searched without legitimate reasons. He said their
lawyers held mediation sessions with the city on possible damages after
the judge's 2005 ruling, but that the talks had been suspended while the
city appealed the ruling.
"Detention facilities have a right to strip-search people if they have
reasonable suspicion of contraband or weapons," Merin said. But the city,
he said, "never showed those people (who were searched under the former
policy) posed a threat to security."
The case is one of several class-action suits challenging similar
strip-search policies in Northern California counties. Merin said a
federal judge in San Francisco gave preliminary approval Friday to a $4.66
million settlement for about 4,600 youths who were strip-searched at
Alameda County juvenile halls under a policy that the county abandoned
last year.

[Gaoler]

OMFG!

I'm speechless.

[Area51]

Ok, How about this...

Obama goes in and puts judges similar to these in the supreme court...

Now that should really be a treat.



Judges not following laws or common sense, touchy feelie laws from the benches...

What a load of crapp...

Could it pour over into the state and federal prisons there as well?

[bop_steward]

I see this one going before the Supreme Court. Hell, just let them out of prison then! Every mule is just going to shove something up his/her keester knowing we can not strip search! To the 9th Circuit, "Have a Magical Day"

[shakedownshorti]

That is utterly r-i-d-i-c-u-l-o-u-s!!!!!!

[ATW-Hack]

Liberal pieces of crap!!! Poor little inmates... here, we won't shake you down any more. smuggle all the weapons and dope you want.

[bury_bred]

Originally Posted by Bobshouse

The third panel member, Judge Sandra Ikuta, said she was compelled to follow the precedents cited by Thomas but agreed with Tallman that "we have dangerously substituted our judgment for the judgment of jail administrators."

At least one judge has a little bit of sense. I would think the SF crowd would enjoy showing their junk off.

[Custodian]

The Republic of California has spoken. When can we finally sink this state into the ocean? I'd move to Nevada just to see that happen.

[RedMan2]

What's the big deal? It says if they are arrested for drug or weapon related crime, you can search them. Isn't that most crimes anyway?

Do you really need to strip search someone who didn't pay parking tickets?

[pentang]

Maybe one of these judges needs to work in a penitentiary for a month and witness a few violent acts. He may change his tune then. If you want more crazy rulings like this, vote for Obama. He will send us down the road to a government controlled, socialist country.