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Thursday, December 29, 2011

Occupy DC and the Fourth Amendment

Today C-span ran the oral arguments on an important case involving Fourth Amendment search and seizure rights and prohibitions under the Constitution-for jails/prisons. Not sure if it was a rerun or if
all the yorkie pudding and egg nogg merriment is overwith and they are all back to work there.
The case involved a guy who was arrested and picked up for not paying a fine (a court fine presumably from another charge) and was incarcerated. There he was subjected to a strip search.
It sounded from the oral argument like it involved some sort of 'squatting and coughing' to expel any contraband he may be depositing in his derriere. They also discussed oral cavity searching but I am not sure if this particular class was so subjected. What a sight to see Scalia asking the attorney if he was supposed to write an opinion on 'squatting and coughing.' Might use other words, perhaps, jette, torgette and plea.
My couch potato C-span watching was preceeded by a quick read of today's Examiner in which it was remarked that twice as many parking fines are given in DC than in NY, which is an abominable statistic given the comparable square footage. This reminded me not only of the
'get a life' parking ticket cruisaders who will ticket anything with a non diplomatic plate for kicks
in the tires, but also of the fiasco a few years ago in which the DC cops DUI machines were proven so defective that they were giving horrendous amounts of false reads provoking wrongful arrest litigation (preceeded by hideous wrongful arrests.) Imagine getting arrested for not paying parking fines, dragged to the DC jail, strip searched and subjected to a 'squat and cough' regime to see if you stuffed your car registration or something more marketable down your trousers. Could actually happen. Don't laugh. Could actually happen to Scalia or Roberts. Still, don't laugh.
And have you seen the coverage of pepper spraying in the Occupy camps across the country and arbitrary arrests for protesting while unemployed?
I finally got up the nerve to check out the DC Occupy campsite in McPherson Square- provoked by the mean article in the same Examiner that begs Obama to shut the mess down before they start actually lobbying for whatever it is that they are upset about. Probably everything. I admit I didn't spend a lot of time hanging around there because it basically looked like the regular homeless guys mooching off the protesters' Tea Tent goodies. I was glared at by the tall white Rostablonde dude who hasn't cut his hair since Eisenhower was in office (no, he wasn't born then, since Nixon resigned maybe.) The sign says beware, there are occupiers there- meaning what? We will assault you for wandering? I got suspicious glares like I was either the undercover Cagney and Lacey or a Nun (yes, I know it is a floor length black coat but it is Jones of New York not Vatican issued.) Undeterred I delivered my signature mini-cupcakes in egg cartons- they looked hungry. Then I laughed to myself as I hoped no one would think it a 'let them eat cake' mockery. Next time I will put some protein powder in the mix so its more nutritional.
I thought of my tall white blonde rastafriend getting picked up by capital police and thrown in the clink and forced to strip, squat and cough. Perhaps a cupcake will come squirting out. Perhaps they will force him to "lift his genitals" (actually those words were discussed in oral argument at the Supreme Court). That will teach you for protesting a twenty five percent unemployment rate among Veterans! (or whatever you are protesting!)

In my Lion on the Wizzard of Oz Moment (remember him singing "If I were King Of The Forrrrrrrest!) I say, if I were sitting on the Supreme Court, I would say nobody gets to lift anyone's genitals for anything not supervised by medical personnel and a priest for confession for watching.
Seriously. Prisons must be the most brutal abusive envionments that exist in this country.
If people who are not convicted of anything yet (just arrested) are subjected to this, we are all in trouble. Even Scalia runs a few red lights.

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