Cavity Searches Decried
by Melinda Tuhus | April 14, 2008 8:46 AM | Permalink | Comments (17)
Members of the activist group People Against Injustice were protesting the injustice of cavity searches on black men, which they say is an all-too-frequent occurrence. So why were they holding this banner?
Barbara Fair, a leader of PAI, called the rally for Friday evening — coincidentally, the very day that Police Chief Francisco Ortiz left the force — to protest the cancellation of a hearing that had been scheduled for April 3 for the Police Commission to hear a complaint from her nephew, Dramese Fair, about the strip search that he was subjected to last June. And just so everyone understood what “strip search” and “cavity search” really mean, she described how a police officer had allegedly put his gloved finger up her nephew’s rectum.
Fair (pictured) also said her daughter had witnessed a black man on the street enduring the same procedure. She had correspondence from an attorney representing other men who claim to have experienced it. She shouted, “I am outraged, and I said, ‘You guys have got to come forth and let them know what they’re doing to you.’ And the guys say they’re embarrassed. Well, you got to go beyond embarrassment when someone’s humiliating you like that.” She charged that in some cases the searches took place after a routine traffic stop.
She said the connection to the drug war is that’s the excuse police often use to carry out cavity searches. But, she added, subjecting someone to such an invasive and degrading procedure without a reasonable suspicion that the person has secreted drugs in his body is illegal.
Fair also said she was outraged that reporting on her nephew’s arrest identified him as a felon. Being a felon “does not take away his humanity,” she yelled. “He’s a human being first.”
The Rev. Donald Morris (pictured) of the Christian Community Commission, speaking in measured tones, said he was concerned with “a black man, or anyone, being taken anywhere where they’re secluded and be asked to take his pants down and have a cavity search. This is very, very inhumane, and we’re just out here today to say that won’t be tolerated.”
Sheldon Tucker, Fair’s son, (pictured with her, above), when prompted by his mother told the story of how he’d been stopped by police in the 1990s. Speaking calmly, he described how he was ordered to drop his pants and how officers pulled his underwear back and took a flashlight “and shined it all around my whole genital area, obviously looking for drugs. For the record, they didn’t find anything and they told me to go about my business.”
Mayoral spokeswoman Jessica Mayorga said in Dramese Fair’s case, investigators needed more time, and that the hearing would be rescheduled, but gave no date. The police say they do the searches to see if suspects are hiding drugs.
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Comments
Posted by: cedarhillresident
| April 14, 2008 9:07 AM
BFAIR when I look out my door and I have big men standing there dealing drugs on my street, staring me down, because I better go back in my house and mind my business. (which I just stand there and stare right back at them!!) How do you think that makes me and the other single mothers that live on my street and others in the city??? We feel the same violation!! Are you standing up for the defenseless people that are trapped in there homes because of the drug dealers??? or do we block the police from having any control over these LOW LIVES!
Posted by: Tired of it | April 14, 2008 1:34 PM
Unfortunately Cedarhill, Ms. Fair is taking the side of the ones who terrorize the city streets.
About a year ago, I was taking a Sociology class at Gateway College. Ms. Fair came in as a guest speaker.
She preached that the law that prohibits the sale or posession of illegal substances within 1500 feet of our schools is unfair, and should be reduced in footage or eliminated altogether.
"She said the connection to the drug war is that's the excuse police often use to carry out cavity searches". - Above article
Is she hinting that the police are out there, eager to do cavity searches? I bet they're thrilled to learn that the drug dealer theyve caught has crack stored down there.
She also claimed that the ones selling drugs out there are forced into the lifestyle (and definately made it a race issue.)
I think its clear whose side Ms. Fair is on.
Posted by: bfair
| April 14, 2008 3:12 PM
Cedarhill: I have a duty and so do you. I encourage you to continue doing what you do and I will certainly continue what I do. Let's agree to disagree on some things and go from there. I live by certain values: "Each time someone stands up for an ideal. or acts to improve the lot of others, or strikes out against injustice, he (or she) sends forth a tiny ripple of hope." (Robert F Kennedy)
"Our lives end when we remain silent about things that matter". Dr Martin L King
One thing I learned very well is that you cannot educate a closed mind. Fed up: Everything that I spoke about in class is supported by tons of data. Instead of ATTEMPTING to discredit me do the research. Make higher education stand for something.For example drug war facts can be found in Sentencing Policy, and Drug Policy Alliance websites. I don't make this stuff up. I will continue to educate myself and passionately ATTEMPT to educate others but the fact remains...you can't educate a closed mind. Yes, I am on the side of justice and humanity for ALL.
Posted by: unprotected | April 14, 2008 3:34 PM
bfair- did you really say that the 1500 foot rule sould be lowered or dropped all together? if thats the case, then that means that the "lifestyle" that people are "forced" into would start to develop at daycares, schools, and housing complexes instead of increasing the penalty of being caught. maybe the police should not check dealers so well, that way they would get an added charge of bringing contraband into a correctional facility. i thought it was nice of the police to assist in keeping extra charges rom being added on.
Posted by: cedarhillresident
| April 14, 2008 4:11 PM
bfair
I respect you and your fight for justice. As you say I may not agree with it all but some I do, people have rights no matter who they are.
I just fear that in our fights for justice are we closing the doors for the people to have protection from the dealers. Your fight is just in many ways, but what your fight also does is bring us that one step closer to letting dealers run the city. By not allow the cops some kind of probable cause to do searches, drug dealers will roam free in the city's.
What rights do the children that live in these community's have in this fight? The children that are playing out side while these dealers are selling with them right there...if not right there around the block where the buyer parks and does his drugs with the kids playing around it. That is who I fight for.
But I still love ya B you are a powerhouse that stands for what she believes in and that does deserve respect.
Posted by: bfair
| April 14, 2008 4:53 PM
Cedarhill and unprotected: "Tired Of It" mislead you. He (or she) was probably tired when I was speaking to the class and "grabbed the donkey by its tail" and you know what happens when that occurs. Things come out "a--backwards. What I actually said was that the 1500 ft policy was a discriminatory policy because the policy states that whenever a person possess or sells drugs within 1500 ft of a school, day care, church, park, housing project or anywhere children may be that the individual will automatically have an addtional 3 yr sentence added to their sentence. In explaining how it discriminates against people of color and the poor is because if you sclae off the cities they are so densely populated that anywhere you are the policy will apply aside from the fact that it applies in the summer when school is not in session and in the middle of the night when children are home tucked away in their beds so if legislators want to say the purpose of the policy is to protect out children than it shouldn't apply when children are not in the vicinity of where a person may have drugs on them. When we scaled off the city of New Haven the only place that the policy would not apply is on the Yale Golf course. People in the suburbs could possess and sell drugs all day (and they do) but the policy would not apply to them. It's always best to get full disclosure from the messenger because if people are asleep while you are teaching then they don't get the full message. Are drug laws racist? There is tons of research that indicates "YES". It's not Barbara Fair's data it is national and state data. Thanks for getting the facts before condemning the messenger. I hope the whole class didn't hear that message. For the record we have laws to punish people. My fight is that those laws apply to ALL criminals not just a select few. If all was equal you wouldn't hear from me. In fighting for justice it doesn't then mean that we give our streets up to the criminals. I value the life of every child and wish I could eliminate the root of why dealers are out there selling drugs for a living. It shouldn't be that way. Everyone should have the opportunity to have employment to sustain themselves and their families. Let me get off my soapbox.
Posted by: edgewooder | April 14, 2008 6:26 PM
Ms Fair:
I completely disagree with your argument regarding this law. You mention that children aren't in schools in the summer and therefore there is no need for the additional 3 year sentence.
Do you not realize that New Haven has 9 open schools in the summer, summer programs that meet at school and not to mention that kids of all ages congregate at schools to play sports or hangout. Are you telling me that just because school isn't in session and someone sells these kids drugs with 1500 ft the law shouldn't apply?
I completely disagree with your argument regarding this law. You mention that children aren't in schools in the summer and therefore there is no need for the additional 3 year sentence.
Do you not realize that New Haven has 9 open schools in the summer, summer programs that meet at school and not to mention that kids of all ages congregate at schools to play sports or hangout. Are you telling me that just because school isn't in session and someone sells these kids drugs with 1500 ft the law shouldn't apply?
You are wrong. You mention that due to the urban density the law applies in most cases. Well I say good for that. Take the drug dealing out of my neighborhood and away from New Haven children because if you are doing something wrong you should know the consequences of your action. I know there is necessity and with the recent economic downturn lack of jobs and money but believe me there are other ways to make money rather than dealing drugs. Get a job no matter what it pays as long as you know that you are making an honest living and if you have children they can be proud of what you do.
We cannot make laws seasonal as you are trying to do. In order to fight the war on crime we need to protect our children from becoming future statistics.
We cannot make laws seasonal as you are trying to do. In order to fight the war on crime we need to protect our children from becoming future statistics.
Posted by: unprotected | April 14, 2008 7:46 PM
Well, from the information available, it sounds like drug dealers have found an advocate for setting up nighttime drug dealing hours to avoid the daycare and school 1500' buffers. Sounds like housing projects and senior centers are a 24 hour 1500' zone. The argument of 1500' rule is not applicable in the suburbs becuase of density is absurd, and maybe all of the drug dealers should sell in the Yale Golf Course. But then again, that might lead to "profiling" and a whole new can of worms.
Posted by: Edward_H | April 15, 2008 8:45 AM
One would think the easiest way to avoid getting an additional 3 years added to your sentence for dealing drugs near a school is to not deal drugs at all. But I guess that does not make sense to some people.
Posted by: bfair
| April 15, 2008 9:56 AM
A mind is a terrible thing to waste.Is it that difficult to see that I am opposed to discriminatory policices SIMPLY because they are unjust. Only small minds equate fighting the injustice of drug policies as advocating for drug dealing. For the record, I abhor drugs no matter who is dispensing them. Prescription drugs maintain a multi billion dollar industry that CURES NOTHING, sickens, creates addicts and kills but let's not discuss them.
Posted by: Stephen H | April 15, 2008 10:15 AM
BFair:
You are WAY out of touch with reality.
As far as perscription drugs are concerned I take at least one pill daily that enables me to live a normal life. You are not a physician and we don't need medical advice from you.
Secondly, How dare you spit in the faces of crime victims, folks who just want to walk home from work without fear.
You blame everyone else, use the race card, tell us that monsters are really teddy bears, and drugs are just harmless candy.
How about taking responsibility?
Right now I consider you part of the problem and not the solution.
Posted by: Thr defender | April 15, 2008 10:22 AM
Wow, BFair are you really serious or just defending the drug dealers' profiting and victimization of innocent hard working law-abiding citizens.
If you just took the time and advocated for our innocent children and hard working families in New Haven, with the passion that you do for "DRUG DEALERS," New Haven would probably have one of the greatest and just advocators in its' history.
I actually appreciate your tenacity but disagree with your misguided direction.
Posted by: klyle B | April 15, 2008 11:12 AM
Ms. fair i've seen your local cable program, and you are always talking about how horrible the police are and how the several children you have that went to jail were not causing problems and all that. I know that there are some issues with the nhpd, and i'm sure there have been times when you have been wronged, but can you say ANYTHING positive about police, even in general? Your constant fingerpointing makes me think you've got something to hide. I'd be interested to actually say something postitive about anything nhpd related, or even for new haven for that sake.
Posted by: bfair
| April 15, 2008 11:04 PM
the mind is a terrible thing to waste no matter how small. Goodnight all.
Posted by: Heights Resident | April 16, 2008 5:37 PM
Barbra you shouldn't get bothered by the responses your reading. No one wants these parasites that you defend in there neighborhoods.
How do abhor drugs yet defend the very dealers dispensing them, your argument contradicts everything you preach. The 1500 ft. law is not racist, kids shouldn't have to side step drug dealers while there going to school, whether it be in session or not.
And stop making lame excuses for these parasites....selling drugs because they can't find a job, that's such a cop out.
Posted by: bfair
| April 17, 2008 2:41 PM
Heights: Be assured, when I respond I am not bothered or offended by other's comments at all.Everyone has a right to their opinion no matter now off base they may be to the story (which was about illegal stripsearch). I recognize that everyone does not have the ability to see the world through the lens of others; that they see the world only through their situations. As a social worker that is a skill I must continue to refine so I don't look down on others because I see/live life differently than do. I leave that up to people like you. I prefer to try and walk in the shoes of others so that I remain non judgmental,less self righteous and more empathetic. My comments are purely to educate and clarify points for those open to hear them and in doing so I know I step on some toes but that's part of having an opinion.
Posted by: unprotected | April 17, 2008 4:29 PM
have you put your feet in the shoes of a cop? i think you would see how hard their job is and how it feels to be berrated for doing your job and held to the fire by politically motivated actions of superiors, while trying to protect the future of society (children). I hate to say it, but a strip search was going to happen in detention anyway, the cops just saved soemone extra charges. A cavity search means checking various openings in the body (mouth, anus, vagina, etc.) going into clothing to get obvious drugs or weapons after a custodial (going to jail) arrest is an exception to a search warrant, which would be needed for a cavity search. Has that case ben to court or thrown out yet? curious to see how it works out after this firestorm.
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