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Seems Like Common Sense to Me

By
Real Estate Agent with Crown Key Realty

I think my common sense has gone defective on me. It seems now like things that seem like common sense to me are not to others. Or, maybe some elements of America have gone mad and will challenge anything they don't like, right up to the Supreme Court.

Each year in our wonderful United States of America of 13 million individuals are admitted to jail. Some for minor offenses to be sure, but serious enough that the Police Officer on the street, our first line of defense, decided that an arrest was in order.

Today, our Supreme Court in a 5 - 4 vote determined that anyone being admitted to jail may be strip searched. Seems like common sense to me. Justice Anthony M. Kennedy stated that their should be no second guessing the officials at the jail. He said that they have no way of knowing which are concealing weapons, drugs or may have a gang affiliation. That seems like common sense to me. 

One of the judges said that it was an affront to human dignity to strip search unless there is good reason to believe that someone is concealing something illegal. My common sense says that if someone is arrested, the other inmates should be protected from weapons, as do jail personnel and that the introduction of drugs to the system should be stopped. 

Why it was necessay to get the Supreme Court to make this ruling is beyond my common sense. Why four judges were against the protection of inmates and jail officials is beyond me. My common sense must be in "fail" mode.

My name is Dale E. Bledsoe with Crown Key realty and as usual I may be reached at 209-481-6031. You may also visit me on the web at www.DaleBledsoe.com .

Comments (10)

Than Maynard
Coldwell Banker Heart of Oklahoma - Purcell, OK
Broker - Licensed to List & Sell - 405-990-8862

Common sense has been in rapid decline for quite a while. You don't want to be strip searched, don't commit a crime. Besides, most of those complaining probably fly and they get strip searched ever time they go through the full body scanner.

Apr 02, 2012 03:27 AM
Randi Brammer
Randi Brammer, Acctg. - Hinckley, MN
Accountant & Tax Preparer

People should talk to the ones who work in the facilities and ask them what stories they have!   If you want dignity....don't do something stupid that gets you put in jail!

Apr 02, 2012 05:10 AM
Susan Goulding
Crown Key Realty, Inc; Tracy & Mountain House Sales and Property Management - Tracy, CA
Northern CA - Tracy & Mountain House Real Estate

Falls under the same commom sense rule that says inmates get a better life on the INSIDE than many do on the outside.  3 meals a day, clothes, bed, heat, air conditioning, gym memebership.  I realize they can't leave this horrible place.....

 

Same common sense that says we can't drug test people who request welfare?  Many people's companies have to drug test, why can't we test people who accept free money.  Thier rights were given  up when they accepted the "job of free money."

 

Apr 02, 2012 05:48 AM
Vern Eaton
Askov, MN
Realtor 651-674-7449

If it sounds like common sense it doesn't belong in our government. 

Apr 02, 2012 07:06 AM
Karl Hess
Keller Williams Shore Properties - Barnegat, NJ
on The Jersey Shore

Here's the rest of the story:

In a 5-4 decision, the court ruled against a New Jersey man who was strip searched in two county jails following his arrest on a warrant for an unpaid fine that he had, in reality, paid.

The decision resolved a conflict among lower courts about how to balance security and privacy. Prior to the Sept. 11, 2001, terror attacks, lower courts generally prohibited routine strip searches for minor offenses. In recent years, however, courts have allowed jailers more discretion to maintain security, and the high court ruling ratified those decisions.

In this case, Albert Florence's nightmare began when the sport utility vehicle driven by his pregnant wife was pulled over for speeding. He was a passenger; his 4-year-old son was in the backseat.

The first strip search of Florence took place in the Burlington County Jail in southern New Jersey. Six days later, Florence had not received a hearing and remained in custody. Transferred to another county jail in Newark, he was strip-searched again.

Do you really think this guy should've been strip searched...twice? Really?

Background:

In 1979, the Supreme Court upheld a blanket policy of conducting body cavity searches of prisoners who had had contact with visitors on the basis that the interaction with outsiders created the possibility that some prisoners had obtained something they shouldn't have.

For the next 30 or so years, appeals courts applying the high court ruling held uniformly that strip searches without suspicion violated the Constitution.

But since 2008 — in the first appellate rulings on the issue since the Sept. 11 attacks — appeals courts in Atlanta, Philadelphia and San Francisco have decided that a need by authorities to maintain security justified a wide-ranging search policy, no matter the reason for someone's detention.

The high court upheld the ruling from the Philadelphia court, the 3rd U.S. Circuit Court of Appeals.

 

Apr 02, 2012 08:04 AM
Dale Bledsoe
Crown Key Realty - Tracy, CA
Realtor in Tracy, California

Yes Karl absolutely. He was brought to the jail,where the jailers are responsible for him, the other inmates and each other. Their instinct said he might be concealing something. They used their best judgment. Inconvenient for Albert yes, was he or anyone hurt by the strip search, no, a loud clear no. He wasn't strip searched publicly but behind a curtain. They did their job properly and effectively. If the system of paper work and computer records was at fault that needs to be looked at and corrected. The basic principle remains, prevent unnecessay danger and the possible introduction of drugs into the facility as best possible. I stand with the 5 Supreme Court judges who affirmed the right to strip search any and all incoming inmates 100%. I appreciate your opinion, but disagree totally.

Apr 02, 2012 08:18 AM
Karl Hess
Keller Williams Shore Properties - Barnegat, NJ
on The Jersey Shore

Dale, so your position is: if you get arrested (even when it is not warranted), for something as simple as an unpaid fine you should be strip-searched. 

I think it wholly unnecessary and it appears the right-wing activist court strikes again at curtailing even the most basic civil liberties....unless of course it comes to gun ownership.

Oh, let me add: I'm not saying people shouldn't be searched even for the most minor of offenses, just not strip-searched and all that that may entail.

Apr 02, 2012 08:27 AM
Dale Bledsoe
Crown Key Realty - Tracy, CA
Realtor in Tracy, California

Karl, when an individual is brought to jail, the jailer does not know if the arrest is warranted or unwarranted. They just know that there is another individual standing before them. They take the caution that they believe is necessary. They do not and can not know what is in the individuals mind or body. I also believe they take NO sadistic pleasure in a strip search and would prefer not to feel the need to do so.  The Supreme Court has said it is OK for them to use their best judgment to determine if the person has concealed contraband of some kind, and to me it still seems like common sense.

Gun ownership is the right of each American. I wish to be a citizen of the United States of America, not a subject of the United States of America. Gun ownership helps to insure my wishes.

I believe we will have to agree to disagree. I appreciate your comments and the way you have stated your opinion.

Apr 02, 2012 08:57 AM
Jay Markanich
Jay Markanich Real Estate Inspections, LLC - Bristow, VA
Home Inspector - servicing all Northern Virginia

I picked up papers at my local courthouse/jail.  At the door I was prohibited from bringing in my 1" Swiss army knife (which I always have on my key chain) but was permitted my Waterman pen.  I told the cop that I could do more damage with the pen.  He agreed, but said it was not so conceable.

You see, I could give my knife to someone who could give it to someone and it could finally find its way into an inmate's hands and be easily concealed under his tongue or in his butt.

Just the month before a guard had an eye slashed out by one. 

The jails HAVE to treat everyone equally.  They have no idea who is dangerous and who is not.  Who has intention and who does not.  Who is evil and who is not.

And there is a WHOLE lot of evil out there.

I had to agree with the cop.  I took my dangerous knife back to my car.  And I was permitted my pen.

Apr 03, 2012 08:29 PM
Rob Arnold
Sand Dollar Realty Group, Inc. - Altamonte Springs, FL
Metro Orlando Full Service - Investor Friendly & F

There are so many bleeding hearts out there that are in ivory towers.  Many of the justices especially at the federal level become ideologues because they have lifetime appointments and cannot be removed from office.  If it was mandatory for them to spend a year in the criminal court, they might just change their tune.  But probably not.  They get outraged at waterboarding the mastermind behind 9/11 and yet remain deafeningly silnet when Nick Berg gets beheaded on TV. 

Apr 03, 2012 11:38 PM