Tuesday, July 30, 2013

Know your rights...or not...it's your choice.

Speaking of fucked up shit,

A woman went to a small claims court for something minor (like a divorce case or something), and before she could leave the court room, this deputy insisted on a drug search. He searched through all her things and took her to a back room, touching her breasts and butt and telling her to lift her shirt (investigators have proven that the woman's story checks out). The woman came out and requested that a female deputy do the search because she wasn't comfortable undressing in front of a male deputy. The judge (a woman) ignored her cries for help but continued playing with the woman's daughter. The deputy told the woman that he will arrest her for lying on an official if she doesn't go before the court and say that she lied about his request to search her body for drugs. She went before the court and told the judge exactly what happened to her. She was then arrested and taken to jail. The judge ignored the entire ordeal (the deputy was fired 6 months later but the judge is still on her post).

Now, I've been to court enough times to know that when entering, you go through a metal detector where they check all your shit and then, it's over. It's like the airport. No one ever does a drug test of people once they're inside a courtroom and CERTAINLY not a strip search and MOST CERTAINLY none of this stuff happens during minor court cases. So we have 3 issues here:
1. A horny asshole deputy
2. A judge who doesn't give a shit and
3. A woman who doesn't know her rights.

We can't control other people and what they do or think. However, we can educate ourselves. I believe that an ounce of prevention is worth a pound of cure. I also believe that an ounce of education can lead to 5 ounces of prevention. A way that this unfortunate fiasco could have been prevented is if the woman had known her rights.

The 4th Amendment of the US Constitution says, "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

In other words, if someone does not have a court issued warrant that is based on probable cause to search your body, your papers, your car, your house, or seize any of these things, you do not have to consent to being searched no matter where you are.
(1) if you're in prison, you can be strip searched whether you want to or not.
(2) if you are in a hospital where it has been determined that you can be a threat to yourself or others, you can be strip searched whether you want to be or not.
(3) some homeless shelters require mandatory showers under supervision (so it's a strip search)
(4) if you mine gold or other expensive shit or if you are on the very low end of the drug trade, your boss will probably strip search you. If you don't like it, quit.

Yes, this is also true of having your car searched. If there is no warrant, you can refuse to be searched. If the cop insists, make it known that you didn't consent. Even if they find something (like a joint or a bump of coke) and you did not consent to a search, they did not have a warrant, and they cannot prove probable cause for having searched you (you being black and driving a nice car is not and never has been considered probable cause), the case can be thrown out of court and may, at worst, just have been a waste of time. However, unless you are a lawyer, I suggest you get one if a cop finds cocaine (or marijuana in most states) in your car. It's basically pay for a lawyer or spend time in prison. It's your choice on what is more important to you: money or freedom. That's a "value system" thing and only you can determine how you'll rock that.

For the record, I'd like to point out that the "Stop and Frisk" laws are unconstitutional in all cases. I don't care what anybody says.


The most awesome thing about the story with the woman in the courtroom is that the whole thing was caught on tape. So for those who just "can't believe it", eat your thoughts after watching this:

no one is safe...

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