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Woman Sues After Being Forcibly Stripped by Male Police

TacticalEvilDan said:
The most pertinent details were that male officers were participating in and/or observing the strip search of a female. That is a violation of state law.
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I was responding to his point about excessive force but I doubt the law is that black and white anyway.
 
Dapper Andy said:
I was responding to his point about excessive force but I doubt the law is that black and white anyway.
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You doubt incorrectly:

Illinois Compiled Statutes 725 ILCS 5 Code of Criminal Procedure of 1963. Section 103-1

Sec. 103-1. (e) All strip searches conducted under this Section shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.
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Illinois Compiled Statutes 725 ILCS 5 Code of Criminal Procedure of 1963. Section 103-1 - Illinois Attorney Resources - Illinois Laws
 
TacticalEvilDan said:
You doubt incorrectly:

Illinois Compiled Statutes 725 ILCS 5 Code of Criminal Procedure of 1963. Section 103-1

Sec. 103-1. (e) All strip searches conducted under this Section shall be performed by persons of the same sex as the arrested person and on premises where the search cannot be observed by persons not physically conducting the search.
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Illinois Compiled Statutes 725 ILCS 5 Code of Criminal Procedure of 1963. Section 103-1 - Illinois Attorney Resources - Illinois Laws
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I could be but I doubt that's the only statue that pertains to strip searches and if it is it should be changed immediately.

I mean would would happen if a situation arose where a strip search was necessary but there were no opposite sex officers around?
 
CRUE CAB said:
Seriously. How many of you would be up in arms if she was an overweight african american woman?
Oh my god, the man handled a blond cutie that was drunk, driving and beligerant.
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Sorry but those punks need to be put down.
 
RDS said:
Your thoughts?

It's illegal for opposite sex officers to conduct the strip search, per Illinois law, so what the two male officers did was out of bounds. Holmes said that she was actually afraid that they would come back in and rape her. Holmes's lawyer is calling the officers' actions "a crime."
The police reports claims that officers strip searched Holmes because she was resisting arrest. But resisting arrest is not legal grounds for a strip search, according to DePaul criminal law professor Len Cavise.
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Woman Sues After Being Forcibly Stripped by Male Police
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A couple points...

1) The video says people can be strip searched in cases like this only if there is a reasonable suspicion of weapons or drugs. "Resisting arrest" does not fit that criteria.
2) They claim she tried to kick them. I watched it several times and saw no such attempt.

She deserves a settlement and they deserve to be fired and prosecuted.


CRUE CAB said:
Seriously. How many of you would be up in arms if she was an overweight african american woman?
Oh my god, the man handled a blond cutie that was drunk, driving and beligerant.
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Irrelevant to this particular case.


CanadaJohn said:
I'm prepared to wait and see what happens. I'm particularly skeptical when the first you hear of an incident is when someone is suing the police. Irrespective of her lawsuit, I certainly hope that there is civilian oversight of the police in this jurisdiction as there is here in Toronto. And I hope there is video, police video, of all activities in this case as there should be whenever a citizen comes into the custody of authorities.

I'm a supporter of police in general but if an officer breaks the law they were sworn to uphold I'm very prepared to see that officer lose his/her job, lose his/her freedom, and suffer the consequences of civil court justice as well. With great respect and deference come heightened responsibility and accountability.
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I understand the initial skepticism, but for me that skepticism goes both ways. "Resisting arrest" has become so absurdly and broadly defined that it is now used as a 'catch all' charge and could mean virtually anything... which means it means nothing anymore.

As far as the first people hear about it is when someone sues, I'm not sure what you expect. I mean, the police certainly aren't going to publicize it and say, "Boy, look at how we screwed up here."
 
Dapper Andy said:
I could be but I doubt that's the only statue that pertains to strip searches and if it is it should be changed immediately.
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Who gives a crap if it's the only one? It renders this particular search illegal.

Dapper Andy said:
I mean would would happen if a situation arose where a strip search was necessary but there were no opposite sex officers around?
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Strip searches must also be authorized by a commanding officer. I imagine that until the authorization is obtained and same-sex officers were not available (which I assume was your actual concern), the suspect would simply be restrained and detained.
 
radcen said:
I understand the initial skepticism, but for me that skepticism goes both ways. "Resisting arrest" has become so absurdly and broadly defined that it is now used as a 'catch all' charge and could mean virtually anything... which means it means nothing anymore.

As far as the first people hear about it is when someone sues, I'm not sure what you expect. I mean, the police certainly aren't going to publicize it and say, "Boy, look at how we screwed up here."
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Perhaps, here in Canada, we have better civilian oversight of police. I often hear of police officers either being held accountable in a criminal trial or in a police code of conduct proceeding. Seldom do I hear about a civilian suing the police. They have a process for filing complaints and district attorneys frequently file charges against officers who don't follow procedures or who use excessive force when following procedures.
 
CanadaJohn said:
Perhaps, here in Canada, we have better civilian oversight of police. I often hear of police officers either being held accountable in a criminal trial or in a police code of conduct proceeding. Seldom do I hear about a civilian suing the police. They have a process for filing complaints and district attorneys frequently file charges against officers who don't follow procedures or who use excessive force when following procedures.
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I'm sure it's probably happened somewhere here, but I cannot recall a single instance where the police screwed up and were prosecuted without media attention and/or a lawsuit being filed first.
 
They already patted her down, I don't see why they had to strip her??
 
herenow1 said:
They already patted her down, I don't see why they had to strip her??
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How else are they supposed to humiliate and dehumanize her?
 
Your Star said:
These officers should be fired, and she should be compensated accordingly.
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If the investigation upholds her claim they should also be arrested, processed, and stand trial for simple assault and sexual assault and abuse of power. Not reassignment, jail time.
 
CRUE CAB said:
Seriously. How many of you would be up in arms if she was an overweight african american woman?
Oh my god, the man handled a blond cutie that was drunk, driving and beligerant.
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Any time they step out of line they violate the public trust. I don't care what the extenuating factors are. If the woman was drunk, driving, and belligerent there are protocols to follow, if she engages in force the officers have a right to escalate force. Strip searching her by was not even close to appropriate.
 
TacticalEvilDan said:
Um, I would be, because it was illegal for the man to be handling her at all. I don't like it when the cops break the law.
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I'm not sure of that one, don't know the laws they have on the books. Many departments and iirc some states have a mandatory female officer rule to handle female offenses to prevent any appearances of male officers manhandling or abusing female suspects and criminals.
 
Wow. This sure isn't the America I once knew.

Fire them. Prosecute them. Incarcerate them in the general population of the most hardcore women's prison we have.
 
tisk tisk why complain about the behavior of the police of the police state?
 
LaMidRighter said:
I'm not sure of that one, don't know the laws they have on the books. Many departments and iirc some states have a mandatory female officer rule to handle female offenses to prevent any appearances of male officers manhandling or abusing female suspects and criminals.
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I've read the state law in question, and I based my layman's understanding off what I read. I'm not guessing or supposing. :)
 
I think a lot of folks are jumping to unsupportable conclusions.

radcen said:
I watched it several times and saw no such attempt.
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The initial take down looks to be in response to her displayed belligerence, as it does look like she is trying to kick when she lifts her second leg @ 4:20.


Then she can clearly be seen kicking @ 4:29.
The Officer even had to get up in an attempt to control her legs.





radcen said:
She deserves a settlement and they deserve to be fired and prosecuted.
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She doesn't deserve anything other than a stiff sentence for DUI.




TacticalEvilDan said:
I think it's pretty clear that this search was not legal under state law, and that this woman is going to take the department to the cleaners.
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Aderleth said:
Based on what we see in the video, this is a pretty clear violation of Illinois law. It's entirely indefensible. /thread.
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There clearly is a distinction between removing someones clothing and an actual strip search, as there is much more to a strip search than the simple removal of clothing.

We don't see any strip search in the video.
None.


October 10, 2013 (WLS) -- The LaSalle County Sheriff is denying allegations that officers strip-searched a woman following a DUI arrest.

Dana Holmes filed a lawsuit against the department over what she calls an improper strip search following her arrest last May.

The incident was caught on the department's surveillance cameras.

The LaSalle County Sheriff says the accusations are false and have resulted in death threats against some of its officers.

On Thursday, the department says she was not strip-searched and left naked in a cell.

The statement says Holmes was placed in a padded cell so would calm down after twice kicking at a female officer.

And that after her clothes were removed, she was promptly provided with a tear-proof suit.

LaSalle County sheriff denies Dana Holmes' illegal strip-search allegations | abc7chicago.com​
 
Excon said:
There clearly is a distinction between removing someones clothing and an actual strip search, as there is much more to a strip search than the simple removal of clothing.

We don't see any strip search in the video.
None.
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You're seriously trying to tell me that there's a difference between a strip search and forcibly removing someone's clothing?
 
CRUE CAB said:
Seriously. How many of you would be up in arms if she was an overweight african american woman?
Oh my god, the man handled a blond cutie that was drunk, driving and beligerant.
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You're right of course in your first statement. Our country is hopelessly racist. Second comment shows you a fool. The blond wasn't "handled", she was inappropriately and criminally assaulted.
 
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