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Authorities to grope protestors, Justice Anthony Kennedy, Law of Strip Search, Occupy, Strip searching protesters
“Up yours?”
Wikipedia
Maybe it’s me but there just seems to be a whole raft of legislation and physical moves throughout the Western Liberal worlds of America and Europe intended to limit the actions of the electorate and snoop on their daily lives. I intend over the next couple of blogs to bring a couple of the most egregious to your attention.
The first was the announcement on Monday that America’s Supreme Court had by a majority of 5-4, sanctioned the right of officials to strip search anyone who has been detained for any suspected offence, even if there is no reason to suspect contraband or secreted items. A victory for Justice Anthony Kennedy and the conservative wing of the bench. Not that Obama our ruling oligarch, who increasingly and disappointedly shows himself to be a more than willing fellow traveller in the move to constrain the rights of Americans, has made much protest or condemnation. Under stress the Oligarchy tightens its grip.
Now, of course, we all understand that this ruling will not be exploited to allow the authorities to grope young women who take part on protests when they are arrested but not charged, or by the fear of the humiliation of such intrusive sexual searches discourage protests like oh say Occupy?
Yeah and I’m a teapot.
If you like your law raw, here it is the full version from the Supreme Court….
Copyright David Macadam 2012
The Oligarch Kings 
Please correct me if I am wrong, but I was under the impression that English law permitted strip searching of those brought into custody. This is ostensively on the grounds of their personal safety and that of the custody staff- although you may wonder how it is that, having been searched, detained persons still manage to deface their cells with scratched messages and marker pen- I wonder where that was concealed!
Hmm your right! There are some major differences between English Law which I think you are referring to here, and American Law (and yes I know that there individual laws in each state). I am not an English lawyer and there are differences between her laws and Scots law but…I think I can say this.
There is no standing right to privacy at common law in England. Unlike America which has a right of tort of privacy. However since the UK adopted the European Charter of Human Rights these come in, especially under 8:1 respect of privacy. This should in theory increase your rights.
So how does that play out in practise? Well in England you can be strip searched if (1) You agree, (2) if the Police have a warrant (i.e. a Court Order allowing them), (3) If you are in a public space declared to be a “designated area” by law – which is why there is all that fuss about a vast swath of ground near the House of Commons being “designated” with the intention simply to stymie legitimate protests, or finally by (4) Law.
Law eh? OK the new post 9/11 Terrorism laws allow searches “where reasonable” which in practise means just about anything you like, or if you are in a certain building designated “a target area” which means if you are in that house too you can be strip searched. Wonder how big they can stretch a “target building to be?
Now the “reasonable grounds“ test. This can be used if they think you are in a target area, or possessing illegal drugs, or have about your person something that might explode, or maybe have things to write graffiti with, or guns, knives etc. English law then has pretty wide powers really.
Strip searches have to be done at the Police Station. If you are under 18 this has to be with a parent present just to add to your embarrassment. If they do it under Terrorism legislation it can only be for the reasons named on a Court Order. Only doctors or registered nurses can perform these.
So American law was always more developed than the English. Before this case of “Florence v Board of Chosen Freeholders of County of Burlington” it was only used for those charged with crimes of violence or drugs cases.. The Constitution at the 4th Amendment barring unreasonable search and seizures. Now it can be used for non indictable offences and misdemeanours. So” Florence” reverses the Bill of Rights bias in favour of individual civil liberty viz a vie the repressive powers of the state.
Which is why there is such a fuss. Hope that helps!
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