4-26-10 Fox News Anchor Thomas Drayton Interviews Susan Chana Lask About Prison Strip Searches Traffic Offenders and Other Non-Criminal Offenders
THOMAS: THE RIGHT TO STRIP SEARCH ALL INMATES HEADING INTO NEW JERSEY COUNTY JAILS IS NOW UP FOR DEBATE. JAIL OFFICIALS WANT THE ABILITY TO SEARCH EVERYONE. THEY CLAIM IT’S THE ONLY WAY TO FIND GANG MEMBERS, WEAPONS AND PROTECT OTHER INMATES. BUT CRITICS SAY IT’S VIOLATING THE RIGHTS OF NON-VIOLENT OFFENDERS. SO SHOULD ALL INMATES BE TREATED DIFFERENTLY BASED ON THEIR OFFENSE?
SUSAN CHANA LASK IS A CLASS ACTION ATTORNEY. IT’S GOOD TO SEE YOU, SUSAN.
SUSAN:HI, THANK YOU.
THOMAS: YOU ACTUALLY HAD A CLIENT WHO YOU CLAIM HAD HIS RIGHTS VIOLATED. HOW?
SUSAN: ALBERT FLORENCE WAS STOPPED IN BURLINGTON COUNTY ON A ROUTINE TRAFFIC STOP AND THEY SAID THAT THERE WAS A WARRANT OUT HIM FAILING TO PAY A FINE. FAILING TO PAY A FINE IS NOT A CRIME. IT’S AN OFFENSE. TO ME IT’S LIKE FAILING TO PAY YOUR PHONE BILL.THEY BROUGHT HIM IN TO BURLINGTON COUNTY. STRIP SEARCHED HIM THERE AND WAITED 7 DAYS. BROUGHT HIM TO ESSEX COUNTY AND STRIP SEARCHED HIM THERE IN A GROUP OF 5 MEN, AND HAD HIM SQUAT AND COUGH AT THE SAME TIME. IN THE END, THE WARRANT WAS A BIG MISTAKE. EVEN IF IT WASN’T A MISTAKE, YOU DON’T STRIP SEARCH PEOPLE FOR THINGS LIKE TRAFFIC OFFENSES. THINGS THAT ARE NOT CRIMES.
THOMAS: SURE. BUT IT’S CERTAINLY DIFFERENT THAN NOT PAYING YOUR PHONE BILL.THAT’S WON’T LAND IN YOU JAIL. OFFICIALS DO SAY THEY NEED TO SEARCH EVERYONE TO MAKE SURE THEY PROTECT THE INMATES THEMSELVES AND THAT EVERYONE IS TREATED THE SAME. SO WHY ISN’T THAT FAIR?
SUSAN: FIRST OF ALL, YOU DON’T NEED TO STRIP SEARCH PEOPLE TO PROTECT THEM. IF THAT’S THEIR ARGUMENT, WHAT THEY CAN DO AND WHAT A LOT OF OTHER PRISONS DO NATIONWIDE IS THEY SEGREGATE THE TRAFFIC OFFENDERS OR THE DOG LEASH OFFENDERS, PEOPLE WITH OFFENSES THAT AREN’T CRIMES AND PUT THEM IN ANOTHER ROOM. GIVE THEM TIME TO MAKE THAT BAIL AND SEE A MAGISTRATE AS OPPOSED TO A FELON OR A MURDERER THAT COMES IN, THEN THEY HAVE SOMETHING CALLED…
THOMAS:BUT SUSAN, JAIL IS JAIL,THIS ISN’T A CELEBRITY BINGO. THEY’RE GOING TO — YOU KNOW SOME WOULD ARGUE YOU DID SOMETHING THAT LANDED YOU IN JAIL, SHOULDN’T YOU GIVE UP A CERTAIN BASIC RIGHT?
SUSAN: ABSOLUTELY NOT. YOUR CONSTITUTIONAL RIGHTS DO NOT STOP AT THE JAILHOUSE DOOR AND EVEN EVERY JUDGE IN THIS CIRCUIT IN THIS DISTRICT IN PENNSYLVANIA, IN NEW JERSEY SAYS THE SAME THING. THAT’S OUR FIGHT. JUST BECAUSE YOU’RE BROUGHT INTO THE JAIL DOESN’T MEAN ALL OF A SUDDEN YOU DON’T HAVE TO CONSTITUTIONAL RIGHTS.IF YOU’RE BROUGHT NO A JAIL FOR VIOLATING A TRAFFIC OFFENSE OR YOUR LIGHT IS OUT ON YOUR — THE BACK OF YOUR CAR YOU CERTAINLY DON’T EXPECT TO BE STRIP SEARCHED AND TOLD TO SQUAT AND COUGH. YOU EXPECT TO PAY A FINE.
THOMAS:IF YOU DON’T STRIP SEARCH EVERYONE DOES NOT OPEN FOR OTHER INMATES TO CLAIM THEY WERE UNFAIRLY PROFILED FOR BEING STRIP SEARCHED, BRINGING EVEN MORE LEGAL CLAIMS?
SUSAN: NO. ABSOLUTELY NOT. YOU’RE NOT BEING PROFILED. YOU’RE ACTUALLY GETTING YOUR CONSTITUTIONAL RIGHTS. THERE’S SOMETHING CALLED REASONABLE SUSPICION, AND FOR 30 YEARS, THAT HAS BEEN THE LAW IN THIS STATE AND NATIONWIDE. AND REASONABLE SUSPICION ALLOWS THE GUARDS TO LOOK AT A TRAFFIC VIOLATOR IF THEY BRING THEM IN IF THEY SEE A BULGE IN THEIR POCKET. THEN THEY HAVE A SERIES OF THINGS THEY CAN GO THROUGH LIKE PAT AND SEARCH, PAT THEM DOWN, PULL THE BALL — SEE WHAT IT IS. IF THE PERSON IS SKETCHY AND SHAKY AND LOOKING A LITTLE ODD, YOU HAVE A LITTLE BIT OF A REASONABLE SUSPICION TO MAYBE THINK THEY’RE ON DRUGS AND SEARCH THEM. BUT A FULL DOWN STRIP SEARCH OF SOMEBODY IN A GROUP SQUATTING AND COUGHING IS NOT THE WAY YOU TREAT SOMEBODY FOR A TRAFFIC OFFENSE. FOR A FATHER THAT FAILED TO PAY HIS CHILD SUPPORT IN THESE DAYS WHERE YOU CAN’T TO AFFORD TO PAY, THE DAUGHTER WHO THAT DIDN’T HAVE HER LICENSE ON HER.
THOMAS: NEW JERSEY HAS 21 COUNTY JAILS. SUSAN, THANKS SO MUCH FOR WEIGHING IN AND BEING WITH US TODAY.
SUSAN: YOU’RE WELCOME.
