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Texas troopers who cavity searched women to face charges

EMNofSeattle

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davidmcbeth

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For throwing our a cig from a moving vehicle. Should not even be an infraction -- car manufacturers don't put in ashtrays anymore...out the window it goes
 

MKEgal

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I'm glad the officers are charged, & look forward to hearing that they're doing time.
As for it being the manufacturer's fault that you have no place to put the remnants of your toke... :banghead:
Buy yourself an ashtray. I remember seeing some made on a sandbag, which should sit pretty much anywhere in a car.
It's not an excuse to litter. Smoke already pollutes. Don't add to it by throwing your trash on the ground.
 

skidmark

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For throwing our a cig from a moving vehicle. Should not even be an infraction -- car manufacturers don't put in ashtrays anymore...out the window it goes

Not that it has anything to do with the enormous violation of 4th Amendment rights, but tossing a cigarette out the window in Texas is a crime. http://www.blog4safety.com/2011/04/wildfires-take-a-huge-toll-on-texas/

In Texas, the punishment for tossing a lit cigarette is only a littering ticket. However, Texas’ arson law includes felony punishment for anyone whose cigarette recklessly sets fire to a building or injures anyone. Arson is a second-degree felony in Texas, punishable by two to 20 years in prison, but if a person is hurt or killed or if the fire involves a church, arson is a first-degree felony, and the arsonist can face up to life in prison.

Given the time, place, and prevailing conditions at the time of the incident, being stopped for tossing the cigarette does not bother me. A littering ticket ought to serve as a warning of the danger, given prevailing conditions. (It really does not bother me even if it was in the middle of a hurricane. Tobacco pollutes the groundwater and the soil. In urban areas one can see where driver after driver after driver has dumped cigarette butts along the median at intersections. It's nasty. And that is said as a former smoker who probably was guikty of everything just complained of.)

two counts of sexual assault and two counts of official oppression.

My hat is off to whoever placed the charges. I'm still struggling to figure out which offense is the more egregious. For the record, "official oppression" is leading by several lengths.

stay safe.
 

Citizen

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SNIP the enormous violation of 4th Amendment rights,

You know it will be an enormous violation of rights when the government "cleans it up" by using the words cavity search.

They should just be called what they really are--vaginal and anal searches. And, called that all the time.

Its kinda like the word checkpoint--government-speak for roadblock. You automatically know the government is up to something when they change the words ala Orwell.

With the way things are deteriorating, its only a matter of time before cops start asking consent to search "cavities", and then claim its suspicious when a person refuses consent. No joke. I personally witnessed a cop ask the president of VCDL which pocket he kept his wallet in. This was during role play where cops were demonstrating procedure. The scenario was a report of a guy carrying a concealed gun. The scenario was a consensual encounter. And the freaking cop asked the citizen which pocket he kept his wallet in, fully intending to go in that pocket to see if the citizen had a CHP in his wallet!!!
 
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eye95

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I'm glad the officers are charged, & look forward to hearing that they're doing time.
As for it being the manufacturer's fault that you have no place to put the remnants of your toke... :banghead:
Buy yourself an ashtray. I remember seeing some made on a sandbag, which should sit pretty much anywhere in a car.
It's not an excuse to litter. Smoke already pollutes. Don't add to it by throwing your trash on the ground.

Not to mention the risk of brush fires or worse. Anyone who advocates for tossing cigarette butts out the window of a car is a moron for doing so.
 

davidmcbeth

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Not to mention the risk of brush fires or worse. Anyone who advocates for tossing cigarette butts out the window of a car is a moron for doing so.

you sound like a liberal .... you should learn more about the subject before opening mouth & putting foot into it


this thread is getting off subject ....

but I do agree that the term "cavity search" sounds like a dentist was performing a valuable service .... as opposed to what it really is
 
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Citizen

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The words are paraphilia, sodomy and fisting - and extra-legal icky.

Good point. Inasmuch as these searches are often for malum prohibitum discovery related to the War on Some Drugs, I agree they should be treated as criminal.

I can't imagine the British officer searching Dolly Madison's vagina and rectum for gold or jewels. The mores of the time didn't allow him to even search her luggage over her protest. So, just because police suddenly decide its not over-the-top to search vaginas and rectums, suddenly society has to go along with it.

Bullsnit.
 

77zach

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Morally, these women could have used lethal force against these molesters. If memory serves, Texas is also one of the few states where they could have done so legally as well.
 

eye95

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Arent the officers covered by qualified immunity ?

Per St. John v. McColley (not controlling in Texas, but certainly compelling), immunity can be pierced if the officers knew or should have known that their actions would violate the rights of the victims.

BTW, St. John was cited by the 4th Circuit in Black, so it looks like it will gain wide acceptance as the law of the land.
 

WalkingWolf

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Criminal negligence also?

IMO this is not a case of negligence, it is a clear case of sexual assault for the trooper penetrating the girls, possibly criminal negligence for the other trooper who did not stop it. If he knew before the illegal search that there was going to a sexual assault he should be charged with the same crime as the female trooper.
 

davidmcbeth

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Per St. John v. McColley (not controlling in Texas, but certainly compelling), immunity can be pierced if the officers knew or should have known that their actions would violate the rights of the victims.

BTW, St. John was cited by the 4th Circuit in Black, so it looks like it will gain wide acceptance as the law of the land.

If the facts I read are correct, piecing this should be no problem.

If the cops personally lose $$$ is another question. It will not be until cops lose the cushion of the governments paying for their mistakes as opposed to them losing financially personally then these issues will never go away.

If you clunk someone over the head at your employer's ya think your employer would pony up the cash if you lose your civil case? Not a chance.
 

eye95

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The officers in the St. John case had to personally cough up the money. The city could not. Likely the officers had insurance, and it paid. However, the city itself was immune from this action by the ruling of the court.

Read the case. It is interesting and will inform your opinion.
 

EMNofSeattle

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If the facts I read are correct, piecing this should be no problem.

If the cops personally lose $$$ is another question. It will not be until cops lose the cushion of the governments paying for their mistakes as opposed to them losing financially personally then these issues will never go away.

If you clunk someone over the head at your employer's ya think your employer would pony up the cash if you lose your civil case? Not a chance.

Working in a law enforcement role is not the same thing as working private sector, your argument is a logical fallacy.

and for that matter, yes your private employer can be held liable for your screw-ups in many cases. Why do you think most companies fire employees who bring guns to work?
 
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