Red Bluff Daily News

April 03, 2012

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4B Daily News – Tuesday, April 3, 2012 Mon-Fri: 9am - 7pm Sat: 9am - 5pm Sun: Closed En Español 26 Sale Lane, Red Bluff (530) 529-2192 www.Claytonredbluff.com $48,505 3 bedroom, 2 bath Singlewide: Includes home, set-up, delivery, X12 foundation, gravel pad, A/C, skirting and steps Supreme Court OKs routine jailhouse strip searches WASHINGTON (AP) — Jailers may perform inva- sive strip searches on people arrested even for minor offenses, an ideologically divided Supreme Court ruled Monday, the conserva- tive majority declaring that security trumps privacy in an often dangerous environ- ment. In a 5-4 decision, the court ruled against a New Jersey man who was strip searched in two county jails following his arrest on a warrant for an unpaid fine that he had, in reality, paid. The decision resolved a conflict among lower courts about how to balance securi- ty and privacy. Prior to the Sept. 11, 2001, terror attacks, lower courts gener- ally prohibited routine strip searches for minor offenses. In recent years, however, courts have allowed jailers more discretion to maintain security, and the high court ruling ratified those deci- sions. In this case, Albert Florence's nightmare began when the sport utility vehi- cle driven by his pregnant wife was pulled over for speeding. He was a passen- ger; his 4-year-old son was in the backseat. Kennedy said the circum- stances of the arrest were of little importance. Instead, Kennedy said, Florence's entry into the general jail population gave guards the authorization to force him to strip naked and expose his mouth, nose, ears and geni- tals to a visual search in case he was hiding anything. ''Courts must defer to the judgment of correctional officials unless the record contains substantial evi- dence showing their policies are an unnecessary or unjus- tified response to problems of jail security,'' Kennedy said. Justice Anthony In a dissenting opinion joined by the court's liberals, Justice Stephen Breyer said strip searches improperly ''subject those arrested for minor offenses to serious invasions of their personal privacy.'' Breyer said jailers ought to have a reasonable suspicion someone may be hiding something before conducting a strip search. Breyer said people like Florence ''are often stopped and arrested unexpectedly. And they consequently will have had little opportunity to hide things in their body cavities.'' Florence made the same point in his arguments: He said he was headed to dinner at his mother-in-law's house when he was stopped in March 2005. He also said that even if the warrant had been valid, failure to pay a fine is not a crime in New Jersey. the fact that Florence was held with other inmates in the general population. In concurring opinions, Chief Justice John Roberts and Justice Samuel Alito said the decision left open the possibility of an exception to the rule and might not apply to someone held apart from other inmates. Kennedy gave three reasons to justify routine searches — detect- ing lice and contagious infections, looking for tat- toos and other evidence of gang membership and pre- venting smuggling of drugs and weapons. Kennedy also said people arrested for minor offenses can turn out to be ''the most devious and dangerous criminals.'' Okla- homa City bomber Timothy McVeigh initially was stopped by a state trooper who noticed McVeigh was driving without a license plate, Kennedy said. In his dissent, Breyer said inmates in the two New Jer- sey jails already have to sub- mit to pat-down searches, pass through metal detec- tors, shower with delousing agents and have their cloth- ing searched. Many jails, several states and associa- tions of corrections officials say strip searches should be done only when there is rea- sonable suspicion, Breyer said. But Kennedy focused on Complete Autobody Repair INTERCITY BODY & PAINT Factory Trained Specialists In: • Painting • Fiberglass Repair • Exotic Metals • Color Matching • Frame Repair • Spray-In Bedliners • All Auto Manufacturers • Rental Cars Available We accept all Insurance Carriers 530 529-2040 1355 Vista Way, Red Bluff $5 off Signature Service® Oil Change 190 S. Main St., Red Bluff 530-527-8264 Jiffy Lube, the Jiffy Lube design mark and Jiffy Lube Signature Service are registered trademarks of Jiffy Lube International, Inc. ©2011 Jiffy Lube International, Inc. MON.-FRI. 8AM-6PM SAT. 8AM-5PM MORE BOB!!! Bob's Tire Center RED BLUFF 614 WALNUT ST. 530-529-1612 CORNING 1723 SOLANO ST. EASY CREDIT! 530-824-4929 AUTO TIRES • WHEELS • BRAKES • ALIGNMENT • A/C • AUTO REPAIR • & AND MORE CENTER #Spring into shape and bronze that bod at TFFC! • 1 month unlimited tanning Free with new membership. EFT • 1 month unlimited tanning only $25 • 3 month unlimited tanning only $60 • No enrolment fee on new EFT memberships Tanning specials limited to one per person Tehama Family Fitness Center www.tehamafamilyfitness.com 2498 South Main St Red Bluff 528-8656 CARE LESS SCHWAB....

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