Tuesday February 9th, 2010
- Last update:13 hours 38 min ago
When is a strip-search warranted?
Published: 12 Oct 2009
Clearly, a strip-search is an important part of the law enforcement arsenal, but it cannot become a tool implemented irresponsibly, particularly in relatively minor criminal cases with such widely-diffused arcs of suspicion. Principal Kester de Verteuil, of St Joseph’s College, St Joseph called in the police on October 6, when a student claimed that $1,400 had been stolen. The officers, two male and one female, took the 32 students of the Fifth Form class to “an enclosed area” and strip-searched them. The money was never found. In her Sunday Guardian column, Senior Counsel Dana Seetahal cited Lord Bingham’s opinion on strip-searches. The senior judge in the Privy Council and the House of Lords noted in a 2006 English case: “It is an old and cherished tradition of our country that everyone should be free to go about their business in the streets of the land, confident that they will not be stopped and searched by the police, unless reasonably suspected of having committed a criminal offence.”
Seetahal further cited a 1983 case that directly addressed the circumstances and procedure for strip-searches, which she described as legally, “a trespass, and, unless authorised, an unlawful act.” In that case, it was established that such personal searches should only be pursued when the person subject to the search was suspected of a crime and could be reasonably expected to have hidden either a weapon or evidence related to the crime on their person. It remains for a court of law, should such an option be pursued in the case of the 32 students of St Joseph’s College, to decide whether it was reasonable for three police officers to decide that the invasive searches of such a large group of children, on the school compound, was warranted in the circumstances. The school’s principal has since apologised to parents and students. The story of the St Joseph’s College incident has encouraged four women who were searched under similar circumstances, a year ago in San Fernando, to go public with their experience.
Seven women were subjected to strip-searches when $2,000 was reported missing at their workplace. One woman claims that she was searched even though she arrived at work an hour after the theft was reported. The money was not found in that case either, and Police Commissioner James Philbert has since apologised to the women who were subject to the search. In both of these cases, those searched claim to have been poorly advised of the search procedure and their rights in the situation, and were left humiliated and angry. In the case of the students, Chairman of the Criminal Bar Association Desmond Allum, SC, noted, in a media release, that “it appears that the constitutional rights of these students were disregarded in the most cavalier way by all of the authority figures involved.” Clearly, a strip-search is an important part of the law enforcement arsenal, but it cannot become a tool implemented irresponsibly, particularly in relatively minor criminal cases with such widely-diffused arcs of suspicion.
What these incidents point to is a greater need for clear policy directives from the Police Commissioner, on when it is appropriate for such a dramatically personal and legally invasive procedure to be brought into play during a criminal investigation. Foremost among such policy formulations is the balance between the extent to which the crimes being investigated affect the immediate environment and wider society, as well as the severity of the suspected infraction weighed against the humiliation and personal assault visited on potentially innocent citizens that are an unavoidable part of a strip-search. Given what is at stake, implementation of this procedure should be far more highly circumscribed and considered an option of last resort. By that measure, the Police Service, led by the CoP, should be engaged in some serious reevaluation of its ready invocation of strip-searches as part of routine police investigations.
Strip Searches - When? The
Strip Searches - When?
The Editor, you have presented us with a mish-mash of information on when a strip search should be carried out, etc.
The most vital information comes from Desmon Allum, S.C. "it appears that the constitutional rights of these students were disregarded in the most cavalier way by all of the authority figures involved."
When I read the article last week - 7th Oct. I was shocked to say the least. In my then commentary I stated "Something is very wrong here. These children are minors." etc.
I am not a legal expert by any means, but when it comes to children we should all know that a child under 18 must and should have a parent or guardian present before any legal or police strips could be undertaken. The only exceptions to this would be in an 'emergency' or 'violent' situation. And neither was ivolved in this incident.
The Principal surprised me with his lack of knowledge concerning minors. He is not an entry level teacher, he is the Principal in charge of the entire operation of the school and children.
The Police also showed how 'uneducated' they were to carry out their duties, especially when it comes to dealing with minors. These are not minor infractions, they are astonishing violations coming from both the Principal and the Police. May I thread gently here to say that we have not progressed in the past decades. But our Prime Minister is taking us to First World Status by 2020! No wonder people look down at us and tell us we are a 'banana republic', It does not feel good; it is painful.
The Ministry of Education and the Commission of Police must come together with the Attorney General (?) to put in place a structured procedure that must be followed when dealing with minors. Then thorough education must be conducted with school authorities and police personnel.
These were 5th form student - bordering on becoming adults - and homones are raging - this could have turn out to become a 'trying' situation. The Police and the Principal were very lucky. We complain about youths and their unacceptable behaviour, but when we treat them with less than respect we are pushing them further away from us; and we cannot allow this to happen. They already find themselves in harms way and we need to bring them closer to us and civility. Minors have to be handled with 'kid gloves' and tender care, and the utmost respect.
Our people like to sit before the T.V. and go the the cinema to see the latest movies. In almost every movie with police and 'crooks' we see situations where the police must read the 'crook' their rights before questioning, etc. So am I to assume that none of those involved enjoyed a police/crook movie?
In this day where people are suing for minor violations, our people have no choice but to educate themselves and bring their skills up to modern standard in order to function effectively and efficiently.
I would have expected the Principal to contact the parents/guardian, advise of the situation and have them attend before their child was 'manhandled'. But then again strip searching for money - $1400.00 is unsettling.
**But why would a child have $1400.00 in their possession in the first place? This should raise eyebrows. That's another issue to be dealt with separately.
Ms. Seetahal has explained the overall issue of strip searches, and we should all familiarise ourselves with this information and be prepared should we have to ensure that our rights are not violated in future.
Gardenia
Gardenia I only noticed your
Gardenia I only noticed your commentary after posting my own - but yes I agree with you, people need to be aware of their rights.
This situatuion was indeed
This situatuion was indeed disgraceful and a harrowing experience for these student. As Desmond Allum noted, “it appears that the constitutional rights of these students were disregarded in the most cavalier way by all of the authority figures involved.”
A principal within a school setting assumes the role of guardian and protector while children are in their care, this responsibility has been betrayed in this instance by the principal in allowing these police officers to carry on with this search. The police officers on the other hand over-stepped their authority. Maybe the principal was not strong enough to stand up to these officers or maybe just didn't know what to do, or has given up.
The message for me here however is that this incident represents by extension, the desperate times T&T is experiencing in relation to crime, and as someone said "desperate times call for desperate measures". Within this context of desperate times, measures and behaviours will be desperate and irrational.
Note, crime is just one of MANY issues.
Peter - Good commentary At
Peter - Good commentary
At least we are of the same opinion on this one.
Gardenia
WARRANTED
WARRANTED -
Is it only warranted when you have a warrant?
or in this instance, when
or in this instance, when the Principal feels pressured by some rich kid who lost $1,400.00.
I find it hard to give my child a $100 at the start of the week.
http://dsaltsman.blogspot.com/
No epsomsalts
No epsomsalts
when the Principal feels pressured by some rich kid who lost $1,400.00
Let us not assume immediately that the kid was/is a 'rich' kid. Before my Diva-ness started coming through, I too was relieved of a certain amount (pick-pocket) - money I was to give to someone. But, I was not in my teens and since then, if I carry more than 50 cents on me, a would be pick-pocket would be so disappointed, he/she would probably return my purse and put some of their own money in it for me! So, let us not jump to conclusions about the financial situation of the kid and their parent(s).
We still do not know if the classroom was searched, never mind the school. Yet, the students were not only searched, but 'stripped' at that.
In addition, we also do not know if there is a history of theft at the school, to warrant such a heavy-handed approach.
La Diva
Never under those
Never under those circumstances which occurred at St Joseph College, St Joseph. The learned Ms Seetahal, S.C. gave her legal response. I endorse all her points fully.
However, looking at it from a psychological perspective, strip searches on young impressionable teenagers (under the given circumstances) can be devastating. It may be deemed possibly as rape by 'any other name'.
Put yourself, for one moment, in the shoes of a young teenage girl (or a boy for that matter) who has never before deliberately exposed herself to anyone but her own self (not even her own mother who made her!!). Suddenly, you're in a class where $1400 is claimed to be missing and you find yourself 'naked as you born' in front of total strangers. How devastating is that? Even if a female teacher were present, would that have been any comfort?
The Principal apologized after the fact. It is elementary educational practice that a teacher must not punish a whole class for the suspected misdemeanour of one student in a class. Will that heal the deep psychological wounds inflicted on all those young people?
Where is the outrage, especially by the women's rights organizations? Never again should this kind of thing be allowed to happen to students in a school environment. Education is not about alienating innocent minds and souls, but building character and self esteem.
Has this one act stripped the students of their dignity and self-worth? Let's hope they can bounce back after some reparations.
Cheers, young people. There's much more in life to look forward to.
Schools, like the family, are critical to the nurturing and shaping of a child's personality. A School must be the conscience, soul and the cradle of our nation.
Go gently on our young people.
ajfyzabadbutlertown
fyzabadbutlertown, my
fyzabadbutlertown, my friend:
I can see you are a strong defender of the rights of minors. Keep it up. They need all the help we can muster up, or even borrow.
Gardenia
“personal searches should
“personal searches should only be pursued when the person subject to the search was suspected of a crime and could be reasonably expected to have hidden either a weapon or evidence related to the crime on their person”
the lack of investigative skills is the reason for the blanket search, which was their de facto investigation.
commiserating about the sum of money is akin to blaming a victim by saying she was dressed for it, not applicable, not right.
what then would one consider an appropriate sum of money to have in ones posession?
we don’t know the reason for having $1400, which could be quite legitimate.
the student could have been more prescient about it.
lawsuits are in order.
This strip search is one of
This strip search is one of the most outrageous violations of the rights children that has been reported; one child in a school missing $1,400.00 in cash from his or her bag or person and thirty-two children were strip searched JUST SO in a school in Trinidad?
FRIGHTENING!
It is amazing that a Principal would assist in engineering such a travesty on those in his charge; he did not even attempt to contact the parents before the search was conducted. If this happended to one of his children what would he have done?
He is a disgrace and MUST be removed. Is this what one does when placed in such a position of trust?
I have said before that in as much as the police searched the children, they should have searched every one involved with the classes teachers and all! I am certain if an attempt was made to search the teachers in the same manner, the outcry from the school would have been different.
THIS IS REALLY OUTRAGEOUS!
The students (as reported in the Newsday of October 10th) are now bearing their share of anger, humiliation and shame. They feel that they and their school has been made to look like a pack of thieves.
These children would remember this for the rest of their lives, I believe, and no amount of so-called counselling from the Education Ministry nor apologies from the failed Principal could remove this indignity.
Any attempts at closure here must be a strong and successful lawsuit; Dana Seetahal and Desmond Allum should put their money where their mouth is and lead the charge and in the mix add Anand Ramlogan and all those other lawyers who say that they are the defenders of peoples rights.
Henry, my friend, you are
Henry, my friend, you are angry that such a violation took place on innocent children. Outrage is good, but what we do from here on is very important.
Calling for the firing of the Principal must be considered very carefully. You see, if you follow the trail of the bread crumbs, you will find that everyone in authority must share in the blame. It shows how ill-informed, and unprepared, our system really is when it comes to the rights of our people. Our P.M. is 'misbehaving in public office', the Protective Services, and the Educational system; all are violating the rights of our people.
Now that this has come out in the open, and we are aware of it, and it has angered us, we must demand that an education programme be put together immediately to bring schools and police in line with their legal responsibilities, so that we do not experience another incident such as this.
At the end of the day, no one, minors or adults should be searched without valid reasons. They should also be advised of their LEGAL RIGHTS before anyone 'puts their hands' on them. Proper procedures must be followed at every turn.
This one takes the cake. These are impressionable young people; we violated their rights; physically abused them by having them 'stripped searched'; humiliated them and left serious psychological scars: All for a for a few dollars. The adults felt that they had to show the children who really were incharge:- 'As adults we could take matters into our own hands and did not have to consider whether it was legal or not, or whether their rights as citizens in this country were being violated.' Unsettling!
So Henry, we can kick the door, scream 'violation and abuse'; but when we get our anger in check, we move and put pressure on the SYSTEM to implement the proper legal changes immediately.
1) Write letters to your Member of Parliament, or call his/her office to voice your dis-satisfaction.
2) Write to your Mayor, or call him/her office to experss outrage.
3) Write to your Councillor, or call his/her office.
4) Write letters to the Commissioner of Police, or call his office to do the same.
5) Write letters to the Minister of Education, or call doing the same.
6) Write to the Minister of National Security, or call doing the same.
7) Write letters to the Attorney General, Mr. John Jereemie stating your dis-satisfaction, or call his office doing the same.
8) Write to the Prime Minister, or call his office with same message.
9) Write to the President, The Hon. Maxwell Richards expressing your outrage and request that he step in to ensure that corrective measures be enacted immediately. Perhaps even request an Official Apology coming directly from his office. He is our Head of State and has a lot of responsibility and power. ETC ...
Our Prime Minister went on a 'propaganda' tour to "educate" our people, now we would like him to step forward to "educate" us about our rights under the laws of the land.
You see we cannot allow our RIGHTS to be violated, get angry and not get up and do something about it.
This should get us talking and taking action to protect ourselves. This could be just the beginning of the dangers that lurk around the corner.
I hope that I have 'shaken up' or even 'upset the apple cart' of some of our Persons in Authority to do what is right.
Gardenia
In such situations there is
In such situations there is always a balance to be struck.
In this case the rights of students (as well as all citizens) to privacy (of their actual physical self and their property)and their expectation of not being subjected to unreasonable search and seizure have to be balanced by the duty of school authorities to provide a safe, respectful and nurturing learning environment for all students.
There are no easy answers and each situation requires its own analysis.
Nevertheless a recent (June 25, 2009) ruling by the US Supreme Court in the case of 13 year old Savanna Redding held that school authorities were wrong in conducting a strip search on the teenager.
See link below to judgment:
http://www.supremecourtus.gov/opinions/08pdf/08-479.pdf
Ralph, I do realise that
Ralph, I do realise that there are no easy answers here. In terms of striking a balance - it did not exist in this case; the scales were tipped against the kids; they did not have a chance in the centre of this tornado.
I am familiar with the case of the 13year old girl. I tend to spread my wings a bit, so when I see articles such as this where the minors were 'stripped and searched' without their parent/guardian's knowledge, I tend to see glaring light of abuse of rights involved, etc. Where as, perhaps, the average citizens may not.
But the sad part of this whole affair was the lack of knowledge on the part of school and police personnel. We take it for granted that if you are doing a job, you should be knowledgeable in all aspects of the job requirements. Not so in this case. The system failed the children, and corrections must be put in place immediately.
I do realise that it is difficult to get changes made in T&T, but we cannot take the 'business as usual' attitude, anymore. We have to push for change, one step at a time. The reason for my comments above, giving some options, that should they feel they want to do more than scream, they can communicate with the persons of their choice above to demand the necessay change be made. I cannot hold their hands, but I can at least give them some tools to work with. I do not have children, but every child is my child and my responsibility, its always been that way. So far no one has beaten me up; guess I have been lucky.
We can hope that there will be a turn-around in T&T soon. Our people are not stupid by any means; and this is what baffles me when I see very little change taking place; as though they are stuck in a time warp. Something got to give ...
Ralph thanks for the info. .... Gardenia
It seems that nothing shakes
It seems that nothing shakes up this place, so I don't know what writing to all those people will do. Ralph above talks of establishing a balance. If the Principal did that first then all of this would not have occurred in the manner it did.
This is really a frightening incident, that two police officers could treat young children like common thieves, not in a disco, nightclub or passa-passa party, but in their own school, with the consent of the Principal is real cause for legal action.
How long will it be before a report is finalized? Whose side will the report represent? The Principals' or the Police? Will it state where the student got the money from? Will there be evidence provided that the student had the money? If so whose? Who stole the money? We need to know!
The only thing to solve this is a lawsuit; put it in the court!