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-   -   Strip search rights? (https://www.flyertalk.com/forum/checkpoints-borders-policy-debate/1676220-strip-search-rights.html)

Boggie Dog May 1, 2015 11:02 am


Originally Posted by Schmurrr (Post 24750436)
Here's the document filed with the court against the hospital: http://www.aclutx.org/download/169 (auto download). Among other details, it indicates that she was originally randomly selected for secondary screening and her vagina and anus were examined at the border crossing (pre-hospital) and found to be clear of drugs. Assuming there was justification for the vaginal/anal exam at the border crossing in the first place, escalation of the search thereafter was heinous mistreatment of a human being (though I doubt CBP saw her as a human being) and an unconscionable abuse of power.

Did CBP have an alternative to abusing this woman? Yes. They didn't have to let her enter the U.S. They could even have held her without abuse for the hours needed to ensure that any ingested drugs passed her system. Maybe the latter would have resulted in charges of unlawful detention, but it wouldn't have scarred her for life.


My reading of the news article suggest that the lady was a U.S. citizen who had traveled to Mexico and was returning.

How could CBP deny her entry?

NewportGuy May 1, 2015 12:19 pm


Originally Posted by Boggie Dog (Post 24750826)
My reading of the news article suggest that the lady was a U.S. citizen who had traveled to Mexico and was returning.

How could CBP deny her entry?

CBP is not Canadian Border Patrol. It is Customs and Border Protection.

And they have been given massive authority, like other agencies for "security", to deny all kinds of civil rights.

NewportGuy May 1, 2015 12:27 pm


Originally Posted by Section 107 (Post 24750460)
For some more denouement and otherwise enlightening reading look up "public duty doctrine" and "police duty to protect".

But how exactly does one protect "society as a whole" without protecting individuals?

LivelyFL May 1, 2015 12:33 pm

Reading all these posts got me thinking. If this woman was stopped and her anus searched, the anus must be a common place to stuff your drugs in case of emergency. I find smoking/using drugs that have previously been in someone's anus (I know, in a plastic baggy) with fecal matter is absolutely gross. When a drug dealer re-sells the drugs, do they make you aware that the drugs have been up someone's anus?

Boggie Dog May 1, 2015 12:36 pm


Originally Posted by NewportGuy (Post 24751238)
CBP is not Canadian Border Patrol. It is Customs and Border Protection.


Don't believe I have ever said this involved Canadian Customs. The United States Customs and Border Patrol is typically indicated by CBP. Even their website uses this format.

http://www.cbp.gov/


In the case of the lady that was taken to the El Paso University Medical Center I would like to know exactly how CBP randomly selects a person for secondary screening. Is it really random or is it just picking a person that strikes the interest of the screening officer. Even from a random pick I don't see how this could possibly suggest probable cause without some other significant piece of information.

I also don't understand why the Doctors, Nurses, and other technicians of that medical facility were not named individually in the case. How did any of them have any right to do the procedures that were carried out.

cestmoi123 May 1, 2015 12:55 pm


Originally Posted by Boggie Dog (Post 24751324)
I also don't understand why the Doctors, Nurses, and other technicians of that medical facility were not named individually in the case. How did any of them have any right to do the procedures that were carried out.

Did you read the complaint? At least some of them were.

Boggie Dog May 1, 2015 2:00 pm


Originally Posted by cestmoi123 (Post 24751421)
Did you read the complaint? At least some of them were.

I did go back and read the complaint. Two doctors and the Board of the hospital are named along with the CBP officers (not Canadian) are the individuals named. I believe that any other medical staff that took part in her treatment should be held accountable by the court also.

Stated in the court document, a drug dog alerted on this lady. I'm guessing this is what the CBP (not Canadian) is claiming as probable cause.

NewportGuy May 1, 2015 2:02 pm


Originally Posted by Boggie Dog (Post 24751324)
Don't believe I have ever said this involved Canadian Customs. The United States Customs and Border Patrol is typically indicated by CBP. Even their website uses this format.

http://www.cbp.gov/


In the case of the lady that was taken to the El Paso University Medical Center I would like to know exactly how CBP randomly selects a person for secondary screening. Is it really random or is it just picking a person that strikes the interest of the screening officer. Even from a random pick I don't see how this could possibly suggest probable cause without some other significant piece of information.

I also don't understand why the Doctors, Nurses, and other technicians of that medical facility were not named individually in the case. How did any of them have any right to do the procedures that were carried out.

Sorry. The form of your question seemed to be that she was going from Mexico to the US so how were the Canadians involved. :)

And I seriously doubt there is anything "random" about searches, any more than I believe police don't "profile" based on race.

What I don't understand is why doctors and nurses go along with this crap in the first place. You would think that at some point ethics would kick in.

Boggie Dog May 1, 2015 2:12 pm


Originally Posted by NewportGuy (Post 24751779)
Sorry. The form of your question seemed to be that she was going from Mexico to the US so how were the Canadians involved. :)

And I seriously doubt there is anything "random" about searches, any more than I believe police don't "profile" based on race.

What I don't understand is why doctors and nurses go along with this crap in the first place. You would think that at some point ethics would kick in.

No problem but I don't see how you got anything Canadian from my post.

In the court document it states that a drug dog jumped on the complaintant.


Upon Ms. Doe’s entering the United States, a drug sniffing dog jumped on her, setting off a sequence of searches conducted by United States Customs and Border Protection (“CBP”) agents and employees of the University Medical Center of El Paso (“Medical Center”).

I would be interested in knowing "if jumping on people" is how that dog is trained to alert. If not, can the jumping on someone be used as probable cause? Could it be something as simple as a dog that is poorly trained or perhaps a poorly trained handler?

tanja May 1, 2015 2:28 pm


Originally Posted by Boggie Dog (Post 24751828)
No problem but I don't see how you got anything Canadian from my post.

In the court document it states that a drug dog jumped on the complaintant.




I would be interested in knowing "if jumping on people" is how that dog is trained to alert. If not, can the jumping on someone be used as probable cause? Could it be something as simple as a dog that is poorly trained or perhaps a poorly trained handler?

I been told years ago that a dog can do this if a person is afraid of dogs. Allergic and so on.
I am terrified of dogs I dont know. Childhood. Plus I sneeze aroung some longhaired dogs.
so this could be it.
Or a poorly trainded dog. Either way this was very insuling and way over board for this lady.

cestmoi123 May 1, 2015 2:37 pm


Originally Posted by Boggie Dog (Post 24751828)
I would be interested in knowing "if jumping on people" is how that dog is trained to alert. If not, can the jumping on someone be used as probable cause? Could it be something as simple as a dog that is poorly trained or perhaps a poorly trained handler?

The complaint strongly implies (although doesn't explicitly make the claim) that the dog was induced to alert on her. It says that she was in a row of people, and the dog was walked along the row. It claims that, when passing her, the trainer stomped (but not when passing anyone else), and the dog jumped on her.

Boggie Dog May 1, 2015 2:48 pm


Originally Posted by cestmoi123 (Post 24751954)
The complaint strongly implies (although doesn't explicitly make the claim) that the dog was induced to alert on her. It says that she was in a row of people, and the dog was walked along the row. It claims that, when passing her, the trainer stomped (but not when passing anyone else), and the dog jumped on her.

I'm continuing to read the filing. She was "randomly" selected for secondary. Then the deal with the dog.

The whole thing sounds like a setup by CBP. Since we know she had no contraband I have to wonder why CBP continued to push this as far as they did.

I would really like to be on the jury that heard this case but even better would be having the chance of asking some pointed questions. There are several things that makes me doubt the actions of the CBP and medical staff at the El Paso University Medical Center.

tanja May 1, 2015 3:48 pm

If a female is not "ready/old enough/developed ' to have "something incerted in her. It will by force. There will be damage and pain. Most likely bleeding.
So what they did over and over was very sadistic and painful.

Boggie Dog May 1, 2015 5:17 pm


Originally Posted by tanja (Post 24752220)
If a female is not "ready/old enough/developed ' to have "something incerted in her. It will by force. There will be damage and pain. Most likely bleeding.
So what they did over and over was very sadistic and painful.

This lady was in her 30's. That doesn't mitigate that she was severeley mistreated.

Schmurrr May 1, 2015 5:26 pm


Originally Posted by DeafBlonde (Post 24750531)
I may be wrong, but my understanding is that she is a U.S. Citizen. If so, they could not deny her entry back into her own country.

I wrote poorly. My apologies to all.

I meant deny her entry (one Constitutional violation) as opposed to assaulting her over a period of six hours (multiple Constitutional violations) and traumatizing her for life. I was thinking of it as a "come back later without drugs" response. As I think more on it, though, you couldn't expect anyone at CBP to do that, for several reasons.


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