Justice Kennedy and Liberty (Full Version)

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PatrickG38 -> Justice Kennedy and Liberty (4/2/2012 9:41:22 AM)

Justice Kennedy, who seemed so concerned with Liberty during oral argument on the ACA, a bit less so today.


http://usnews.msnbc.msn.com/_news/2012/04/02/10982324-supreme-court-strip-searches-even-for-minor-offenses




mnottertail -> RE: Justice Kennedy and Liberty (4/2/2012 9:46:36 AM)

And there we go, another act of legislating from the bench. My, my my, how the constitution has been gutted. 




tng -> RE: Justice Kennedy and Liberty (4/2/2012 10:15:07 AM)

I know, right? Siggie siggie oi oi oi!




Marc2b -> RE: Justice Kennedy and Liberty (4/2/2012 11:41:03 AM)

The statement about people being arrested for minor crimes turning out to be wanted for serious crimes strikes me, at first, as bullshit... akin to "well, he looked suspicious because he was wearing a hoodie."

Upon reflection, however, The concept applies before arrest. After a person has been arrested - presumably on legitimate grounds - is a different matter. As horrendously degrading a strip search no doubt is, it does not strike me as unreasonable that a person be thoroughly searched before being put in their cell.




tng -> RE: Justice Kennedy and Liberty (4/2/2012 11:59:48 AM)

Mmmmmm...creeping fascism.




Marc2b -> RE: Justice Kennedy and Liberty (4/2/2012 12:55:48 PM)

quote:

Mmmmmm...creeping fascism.


Hey lady, I don't care how nice your ass is... nobody accuses me of supporting fascism and gets away with it! Get bent (that will make the view even nicer)! We are talking about jail here, about people who have been arrested for one reason or another... not grabbing people randomly off the street and poking a flashlight up their rear.




kalikshama -> RE: Justice Kennedy and Liberty (4/2/2012 12:59:26 PM)

Hands off! She's LoreBook's.




subrob1967 -> RE: Justice Kennedy and Liberty (4/2/2012 1:06:55 PM)


quote:

ORIGINAL: Marc2b

quote:

Mmmmmm...creeping fascism.


Hey lady, I don't care how nice your ass is... nobody accuses me of supporting fascism and gets away with it! Get bent (that will make the view even nicer)! We are talking about jail here, about people who have been arrested for one reason or another... not grabbing people randomly off the street and poking a flashlight up their rear.


Cmon Man, this is Merka, prisoners have the right to lice and razors hidden in their asses, all in the name of fairness... dude!




DesideriScuri -> RE: Justice Kennedy and Liberty (4/2/2012 1:21:21 PM)

quote:

ORIGINAL: Marc2b
The statement about people being arrested for minor crimes turning out to be wanted for serious crimes strikes me, at first, as bullshit... akin to "well, he looked suspicious because he was wearing a hoodie."
Upon reflection, however, The concept applies before arrest. After a person has been arrested - presumably on legitimate grounds - is a different matter. As horrendously degrading a strip search no doubt is, it does not strike me as unreasonable that a person be thoroughly searched before being put in their cell.


And, then, to make matters even more degrading and unreasonable, before being jailed, they have undergo a delousing shower?!?!? How it's not an affront to force an inmate (even a wrongly jailed inmate as in this case) to have to shower to make sure he/she isn't bringing lice into the confined space of a jail blows me away. Fuck the other inmates who could get lice from the next inmate brought in!

Or....




Marc2b -> RE: Justice Kennedy and Liberty (4/2/2012 1:25:26 PM)

quote:

Hands off! She's LoreBook's.


If she's going to show it (of which I heartily approve), I'm going to look at it.




tng -> RE: Justice Kennedy and Liberty (4/2/2012 2:05:57 PM)

I wish it were mine, but alas its not -- so feel free to bend, fold, and spindle it to your heat's content.




PatrickG38 -> RE: Justice Kennedy and Liberty (4/2/2012 7:59:04 PM)

Enjoy your next speeding ticket.




joether -> RE: Justice Kennedy and Liberty (4/2/2012 8:26:06 PM)

This is just....silly. Sounds like aviolation of the 4th amendment!

quote:


According to opinions in the lower courts, people may be strip-searched after arrests for violating a leash law, driving without a license and failing to pay child support. Citing examples from briefs submitted to the Supreme Court, Justice Breyer wrote that people have been subjected to “the humiliation of a visual strip-search” after being arrested for driving with a noisy muffler, failing to use a turn signal and riding a bicycle without an audible bell.

A nun was strip-searched, he wrote, after an arrest for trespassing during an antiwar demonstration.
SOURCE


So, I guess you can now be stripped searched for jaywalking. Gosh, how could THIS get out of hand?

quote:

(From document link above, page 4)
KENNEDY, J., delivered the opinion of the Court, except as to Part IV. ROBERTS, C. J., and SCALIA and ALITO, JJ., joined that opinion in full, and THOMAS, J., joined as to all but Part IV. ROBERTS, C. J., and ALITO, J., filed concurring opinions. BREYER, J., filed a dissenting opinion, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined.


All the conservative justices voted in favor of stripping your 4th amendment rights, and the liberals were defending it.
In case anyone is interested in reading the whole 41-page document.




erieangel -> RE: Justice Kennedy and Liberty (4/2/2012 9:46:04 PM)

Ok, I bit of self-disclosure here.

When I was very symptomatic with my bipolar disorder (yes there are degrees because I have few symptoms now days), I became a shopaholic. To put it bluntly, I bounced checks all over my county. All but one of the district justices made payment arrangements for me to take care of them. One, however, held several checks all written for amounts less than $100. The total including bad check fees and court costs ended up being less than $700, but this justice decided to teach me a lesson and put me in jail for 5 days. Yes I was strip searched. Worse, I had to fight possible drug charges because I had a bottle of pills that belonged to my mother in my purse.





thishereboi -> RE: Justice Kennedy and Liberty (4/3/2012 5:36:54 AM)


quote:

ORIGINAL: kalikshama

Hands off! She's LoreBook's.



Well that's good to know. Here I was thinking she was one of arpigs.




PatrickG38 -> RE: Justice Kennedy and Liberty (4/3/2012 6:06:31 AM)


quote:

ORIGINAL: joether

This is just....silly. Sounds like aviolation of the 4th amendment!

quote:


According to opinions in the lower courts, people may be strip-searched after arrests for violating a leash law, driving without a license and failing to pay child support. Citing examples from briefs submitted to the Supreme Court, Justice Breyer wrote that people have been subjected to “the humiliation of a visual strip-search” after being arrested for driving with a noisy muffler, failing to use a turn signal and riding a bicycle without an audible bell.

A nun was strip-searched, he wrote, after an arrest for trespassing during an antiwar demonstration.
SOURCE


So, I guess you can now be stripped searched for jaywalking. Gosh, how could THIS get out of hand?

quote:

(From document link above, page 4)
KENNEDY, J., delivered the opinion of the Court, except as to Part IV. ROBERTS, C. J., and SCALIA and ALITO, JJ., joined that opinion in full, and THOMAS, J., joined as to all but Part IV. ROBERTS, C. J., and ALITO, J., filed concurring opinions. BREYER, J., filed a dissenting opinion, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined.


All the conservative justices voted in favor of stripping your 4th amendment rights, and the liberals were defending it.
In case anyone is interested in reading the whole 41-page document.


Yes, it is particularly shocking after Justice Kennedy's comments during oral argument on the ACA and his professed concern for liberty.




DesideriScuri -> RE: Justice Kennedy and Liberty (4/3/2012 6:38:44 AM)

quote:

ORIGINAL: joether
All the conservative justices voted in favor of stripping your 4th amendment rights, and the liberals were defending it.
In case anyone is interested in reading the whole 41-page document.


The individual's 4th Amendment Rights were "stripped" (pun intended) to maintain health and safety standards at a correctional facility. How that is an "unreasonable" search, I'm not sure.




kalikshama -> RE: Justice Kennedy and Liberty (4/4/2012 7:33:17 AM)

quote:

Justice Kennedy, who seemed so concerned with Liberty during oral argument on the ACA, a bit less so today.


Jon Stewart talks about this dissonance in the second segment, followed by an interview with Tom Goldstein of SCOTUSblog.

http://www.thedailyshow.com/full-episodes/tue-april-3-2012-thomas-c--goldstein




SoftBonds -> RE: Justice Kennedy and Liberty (4/4/2012 9:25:39 PM)


quote:

ORIGINAL: joether

This is just....silly. Sounds like aviolation of the 4th amendment!

quote:


According to opinions in the lower courts, people may be strip-searched after arrests for violating a leash law, driving without a license and failing to pay child support. Citing examples from briefs submitted to the Supreme Court, Justice Breyer wrote that people have been subjected to “the humiliation of a visual strip-search” after being arrested for driving with a noisy muffler, failing to use a turn signal and riding a bicycle without an audible bell.

A nun was strip-searched, he wrote, after an arrest for trespassing during an antiwar demonstration.
SOURCE


So, I guess you can now be stripped searched for jaywalking. Gosh, how could THIS get out of hand?

quote:

(From document link above, page 4)
KENNEDY, J., delivered the opinion of the Court, except as to Part IV. ROBERTS, C. J., and SCALIA and ALITO, JJ., joined that opinion in full, and THOMAS, J., joined as to all but Part IV. ROBERTS, C. J., and ALITO, J., filed concurring opinions. BREYER, J., filed a dissenting opinion, in which GINSBURG, SOTOMAYOR, and KAGAN, JJ., joined.


All the conservative justices voted in favor of stripping your 4th amendment rights, and the liberals were defending it.
In case anyone is interested in reading the whole 41-page document.


Hey, if a police officer thinks your girlfriend/wife/sister/daughter is hot, and can think of a possible crime she might have been committing, he has every right to haul her in and put her in a room (with a video camera for her protection) and have her strip searched. If she has nothing to hide, she shouldn't have a problem with it, right Desideri?




DesideriScuri -> RE: Justice Kennedy and Liberty (4/5/2012 10:38:10 AM)

quote:

ORIGINAL: SoftBonds
Hey, if a police officer thinks your girlfriend/wife/sister/daughter is hot, and can think of a possible crime she might have been committing, he has every right to haul her in and put her in a room (with a video camera for her protection) and have her strip searched. If she has nothing to hide, she shouldn't have a problem with it, right Desideri?


If that's what you think I'm saying, you need to take a break.

Are you arguing that law enforcement doesn't have a responsibility to maintain sanitary and hygienic conditions in a prison? Are you arguing that law enforcement shouldn't take precautions to prevent drugs, weapons, etc. coming into their prison? Is that really what you are arguing in favor of?

With regards to your "hot female of some sort" scenario, if there was no probably cause of a crime, it will come out in court and there will be repercussions on that officer. That sucks, but that's all we can do. I highly doubt it would happen as much as you might think, SoftBonds. Or, are you basing your enrolling in the Police Academy on my answer? [:D]




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