Legal Question in Civil Rights Law in California
Strip Searched
I was arrested about two months ago for an old ticket I had forgotten about, it had turned into a warrant for failure to appear. I was arrested in San Bernardino, and transfered to Los Angeles (spending hours in holding cells, and once at Los Angeles, I was twice forced to stay in a small cell with 40+ other women for over an hour).
Anyway, my question was about the strip search. I had my court date, and was supposed to be released upon returning to Lynwood. Instead, I was herded outside with about 70 other women, and we were forced to undergo a strip search. Outside, in late December, at about 8 pm. Is this legal practice? I would have thought the strip search alone wouldn't have taken place in front of multiple other people (with the door back inside the jail open where male deputy's were walking around), but outside, in cold weather, breathing fumes from the bus that pulled up about 10 feet from me on the other side of a plastic tarp? Just wondering if this is legal practice or not.
2 Answers from Attorneys
Re: Strip Searched
Sounds like a lawsuit to me.
Re: Strip Searched
My feeling is that no, it's not legal, and yes, it is actionable-- in other words, you could present a claim for the violation of your civil rights.
The next question, however, is proof. When did this happen? Do you have any confirming evidence, like the contact info of a witness, perhaps some of the other victims?
Bottom line: this is America, not some dictatorship where people get herded around like cattle just because they're unlucky enough to fall into the hands of the authorities. I'm a former Public Defender and this scene you described really offends me.
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