Strip search rights?

Old Apr 30, 2015, 4:52 pm
  #46  
 
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Originally Posted by NewportGuy
A "strip search" can only be conducted if you face an actual criminal charge, and then only under strict protocols. Otherwise yes, you can ALWAYS walk away.
This may be true for standard law enforcement, but it is definitely NOT true for CBP border enforcement - different fourth amendment rules. As I said, the legal standard has never been fully defined by the courts, but it's no higher than requiring a warrant, and probably less (either probable cause or reasonable suspicion).

Also, you definitely can't "ALWAYS walk away."
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Old Apr 30, 2015, 4:55 pm
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Originally Posted by tanja
So what I have read now. Is that any CBP can order this? That is sick . I would still not do it. I would never sign anything. In the end sue them. Cause this is sick.Are they crazzy?YES.
So, how do you suggest CBP handle the case of someone they believe to be hiding contraband under their clothes?
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Old Apr 30, 2015, 5:04 pm
  #48  
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Originally Posted by cestmoi123
So, how do you suggest CBP handle the case of someone they believe to be hiding contraband under their clothes?
or in their body.
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Old Apr 30, 2015, 5:13 pm
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Originally Posted by cestmoi123
So, how do you suggest CBP handle the case of someone they believe to be hiding contraband under their clothes?
I would NEVER/Ever sign anything or help them Why . Cause I dont have anything on/in my body accept fpr dignity. No way I would help them to humiliate an innocent person. not going to happen. Just a HUGE lawsuite would happen.
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Old Apr 30, 2015, 5:23 pm
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This is really HURTING the person. Soeically if you innocent. It is humiliating, hurtful, wrong and plainly dicussting.
I would not ever help them if I got stopped. Not sign Not speak. Just be a zoombie. Then sue. That is me.

Last edited by tanja; Apr 30, 2015 at 5:35 pm
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Old Apr 30, 2015, 5:33 pm
  #51  
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Originally Posted by Schmurrr
She was basically raped and tortured, and you want to tell her she should've consented to it? And you think "saving" $5,000 is appropriate recompense for what she went through?

If I were to approach it so coldly, I'd say that the $1.1M settlement she received from the hospital is much more satisfying. But I think that's not enough: People should have been fired and charged with assault. Hopefully, the case against CBP will lead to such action.
I doubt CBP said: "we are going to rape and torture you, is that OK with you?"
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Old Apr 30, 2015, 5:38 pm
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Originally Posted by nrr
I doubt CBP said: "we are going to rape and torture you, is that OK with you?"
Thye porobalbly said " that would do what ever they wanted to". So SICK. And to cover end of it wanted her to agree with it. What IDIOT would agree with that.
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Old Apr 30, 2015, 5:38 pm
  #53  
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It's sad that such searches happen. None of my immediate family, who fly frequently, have ever been through a strip search. I have had my bags gone through when arriving in the US.

If you're acting nervous then they are much more likely to search you.

My just graduated college daughter decided it would be fun to drive to Nogales for the day last year. Alone. Coming back, she got her car searched, as she fit the profile. Luckily not strip searched, but still no fun. She didn't take it personally.

The odds of being searched are quite small. Aren't most searches done in Canada preclearance?
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Old Apr 30, 2015, 5:45 pm
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Originally Posted by Jaimito Cartero
It's sad that such searches happen. None of my immediate family, who fly frequently, have ever been through a strip search. I have had my bags gone through when arriving in the US.

If you're acting nervous then they are much more likely to search you.

My just graduated college daughter decided it would be fun to drive to Nogales for the day last year. Alone. Coming back, she got her car searched, as she fit the profile. Luckily not strip searched, but still no fun. She didn't take it personally.

The odds of being searched are quite small. Aren't most searches done in Canada preclearance?
Can be done anwhere. Would just be nice if they people "working" with would have some class and understanding and dignity. Pretty sure they would not have their moms/dads, kids, spouse and other family members treated like crap.
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Old Apr 30, 2015, 9:13 pm
  #55  
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Originally Posted by MaxBuck
You're absolutely incorrect in assuming I wasn't around 50 years ago. And the notion that civil rights violations are more common today than then ... hard to justify based on the facts. I suggest you read up on Kent State and the DNC convention protests. People complain today about surveillance cameras; in the old days you were likely to be shot if you didn't kiss up to The Man.

I don't know that having cameras in public areas is a bad thing; one shouldn't expect privacy while in public places, and the safety aspects strike me as a benefit. Certainly the move toward putting bodycams onto police officers is hard to argue against.
Actually those violations 50 years ago made headlines BECAUSE they were so egregious. Today protests aren't allowed within 10 miles of convention sites, and no one raises a stink. The THREAT of a protest recently in defense of the American flag actually caused a major US university to close down entirely. Just the POSSIBILITY that people might come out in protest caused such fear that people allowed an entire university to shut. You don't find that incredible?

And it is attitudes like "what have you got to hide", and saying you feel "safer" with cameras watching everywhere that makes them so prevalent. Look at the intrusion into people's lives 50 years ago versus today, and imagine how things are likely to be in another 50 years. Scary.
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Old Apr 30, 2015, 10:58 pm
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Originally Posted by nrr
I doubt CBP said: "we are going to rape and torture you, is that OK with you?"
Did you do any research on this?

She was handcuffed to a table, an object was forcibly inserted into her vagina, and she was forced to defecate under observation. There was no consent. (They tried to force her consent, in fact.)
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Old Apr 30, 2015, 11:04 pm
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Originally Posted by MaxBuck
Yeah, if drug mules are bringing cocaine across the border, they should not expect to be exempt from intrusive search.

Shame you can't go back about 50 years in time to experience what security measures used to consist of. I'm glad we no longer tolerate police brutality and Jim Crow in the USA. People who talk as though the use of imaging technology equates to rape have absolutely no perspective. And this woman cited in the 2013 (!) incident has an absolute right to compensation if there was no probable cause. But saying she was "raped and tortured" goes way over the top.
See my post immediately above. Ironically, you seem perfectly tolerant of CBP brutality for all your talk of "we no longer tolerate police brutality." You don't seem to get that the scanning required the forcible (non-consensual) insertion of an object into her vagina.
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Old May 1, 2015, 1:21 am
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I think the real issue here is not what the CBP can do, but how far can they carry it? CBP, can have their initial reasoning for a strip / cavity search, that bar is pretty low but to continue to more intrusive measures seems they would need to be able articulate their probable cause / reasonable suspicion. There is probably little case law on this issue.
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Old May 1, 2015, 4:52 am
  #59  
 
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Originally Posted by MaxBuck
You're absolutely incorrect in assuming I wasn't around 50 years ago. And the notion that civil rights violations are more common today than then ... hard to justify based on the facts. I suggest you read up on Kent State and the DNC convention protests. People complain today about surveillance cameras; in the old days you were likely to be shot if you didn't kiss up to The Man.

I don't know that having cameras in public areas is a bad thing; one shouldn't expect privacy while in public places, and the safety aspects strike me as a benefit. Certainly the move toward putting bodycams onto police officers is hard to argue against.
Use of cameras all over the place doesn't prevent crime from happening although it might make it easier to find the perp.

Yes, civil rights violations are much more pervasive today than 50 years ago because the entire population is being surveilled in one manner or another.

FWIW, Congress seems to be about ready to take the initial steps in pulling back on the Patriot Act.

The push for reform is the strongest demonstration yet of a decade-long shift from a singular focus on national security at the expense of civil liberties to a new balance in the post-Snowden era.
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Old May 1, 2015, 6:31 am
  #60  
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Originally Posted by Schmurrr
See my post immediately above. Ironically, you seem perfectly tolerant of CBP brutality for all your talk of "we no longer tolerate police brutality." You don't seem to get that the scanning required the forcible (non-consensual) insertion of an object into her vagina.
Again, such a search should require probable cause, and should be extremely rare (and I think they probably are extremely rare). Nothing excuses doing so without that probable cause. And "probable cause" should have a pretty high burden of proof on the police, a category that I place the CBP into.

With all that said, calling a strip search (even one that includes cavity search) "brutality" suggests to me that you really don't know what brutality is, and that you've never experienced it personally. (I'll admit that I haven't, and thank God for that.)
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