Same song, different verse:
“Justice Anthony M. Kennedy, joined by the court’s conservative wing, wrote that…”
This time it’s about driving another nail into the coffin of the Fourth Amendment and the protection against unreasonable search and seizure. Strip searches for everybody!
“Every detainee who will be admitted to the general population may be required to undergo a close visual inspection while undressed,” Justice Kennedy wrote, adding that about 13 million people are admitted each year to the nation’s jails.
The procedures endorsed by the majority are forbidden by statute in at least 10 states and are at odds with the policies of federal authorities…The federal appeals courts had been split on the question, though most of them prohibited strip-searches unless they were based on a reasonable suspicion that contraband was present.”
Anybody still think this Court gives a damn about precedent and would hesitate for one minute before overturning the entirety of the Affordable Care Act? Dream on.
“Justice Breyer said that the Fourth Amendment should be understood to bar strip-searches of people arrested for minor offenses not involving drugs or violence, unless officials had a reasonable suspicion that they were carrying contraband.”
But this is what passes for reason on the Roberts Court:
“Justice Kennedy responded that “people detained for minor offenses can turn out to be the most devious and dangerous criminals.” He noted that Timothy McVeigh, later put to death for his role in the 1995 Oklahoma City bombing, was first arrested for driving without a license plate. “One of the terrorists involved in the Sept. 11 attacks was stopped and ticketed for speeding just two days before hijacking Flight 93,” Justice Kennedy added.”
So let’s take the most extreme examples we can think of and use it as justification to strip search everybody who has an expired license plate or inspection sticker. Who knows, law enforcement might accidentally stumble onto one those “devious and dangerous criminals” who drive around with a burned-out tail light. And if the hijacker had been strip-searched on September 9 are we to assume that he had the plans for 9/11 shoved up his ass?
I’m convinced more and more every day that we’d be better off with the Diana Ross Supremes making decisions rather than this group of 5 Barnum and Bailey rejects in black robes.