Sunday, August 29, 2010

"Why Would I Play That In My House?"

Charges Dropped, Woman Alleges Strip Search and Plans Suit. July 6, 2001.
http://www.nytimes.com/2001/07/06/nyregion/charges-dropped-woman-alleges-strip-search-and-plans-suit.html?scp=19&sq=was%20wrongfully%20searched&st=cse

New York: Manhattan: Strip-Search Suit Settled. March 8, 2002
http://www.nytimes.com/2002/03/08/nyregion/metro-briefing-new-york-manhattan-strip-search-suit-settled.html

The Fourth Amendment:
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

     Thanks to the Fourth Amendment, an 82 year old Brooklyn woman won a $50,000 civil rights suit against the police department. Mary Novak's has also been dropped of two counts of harassment and one count of criminal contempt for violating the terms of an order of protection filed against her by two next-door neighbors.
     On January 12th, Ms. Novak was arrested and stripped searched for allegedly playing rap music in her house that was loud enough to disturb her neighbors. She was then taken to the 78th Precinct station and was strip searched. She claimed to not have been listening to rap music and says "You can't even understand what they're singing, why would I play that in my house?"
     Judge Wayne Saitta of Brooklyn Criminal Court dropped her charges, and the city agreed to pay her $50,000.
     This is an example of The Fourth Amendment in action because Ms.Novak was wrongfully searched.
     In my opinion, the police had no right to strip search her because even if she had been playing loud music, there would be no reason to strip search her. What in the world would they be looking for?

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