Maybe I should post this on Pre-Ban for C-Rock.
www.wnbc.com/news/3717043/detail.htmlCourt Rules On Girls Forced To Spread Fat Rolls In Strip Search
POSTED: 8:35 am EDT September 9, 2004
UPDATED: 8:39 am EDT September 9, 2004
HARTFORD, Conn. -- State judicial officials repeatedly violated the constitutional rights of two teenage girls by strip-searching them without probable cause, a federal appeals court ruled Tuesday.
A three-judge panel of the 2nd U.S. Circuit Court of Appeals in New York found that officials legally searched the children upon entering the juvenile correction system but crossed the line with a policy of strip-searching inmates after court hearings and transfers.
The girls, 13 and 14, described searches in which they were forced to lift their breasts and spread out rolls of fat. The 13-year-old girl cried throughout one of the searches. Another was conducted with other inmates present.
"Whatever the justification for strip searches upon initial admission to a first detention facility, we see no state interest sufficient to warrant repeated strip searches simply because of transfers to other facilities," Judge Jon O. Newman wrote for the court.
The court's decision did not name the facilities where the girls were strip-searched. Judicial Branch officials could not be reached for comment Wednesday evening.
Judge Sonia Sotomayor agreed with the decision but went even further, saying strip-searches upon entering the facility are also unconstitutional. She said officials need probable cause to subject children to such an invasive search.
"Most of them have been victims of abuse or neglect and may be more vulnerable mentally and emotionally," Sotomayor wrote.
While the court identified four instances of unconstitutional searches, it sent a lawsuit filed by the girls' parents back to a Connecticut federal court to hear further argument about whether officials inappropriately searched one of the girls while looking for a missing pencil.
The attorney general's office had argued that officials had a "special need" to protect children in their custody. The state also argued that detention centers are similar to prisons, where strip-searches have been held as constitutional.
Attorney General Richard Blumenthal said he had not read the decision. He said he is consulting with judicial officials on how to adjust the state's search rules.
Anthony Wallace, an attorney for the girls' families, was pleased the court found the repeated searches unconstitutional but said he was surprised that strip-searches during the intake process will be allowed.
"I think it's an abomination," he said. "Some of these children can be as young as 9 or 10 years old. Their only crime is not going to school."
A federal judge in Connecticut found in 2002 that the state's search policy violated constitutional protections against illegal searches. But he concluded that the repeated searches of the girls were warranted given their troubled, rebellious history.
Connecticut can ask for the full appeals court to rehear the case. The next step would then be the U.S. Supreme Court.