Newsbrief:
Federal
Appeals
Court
Says
Police
Can
Take
Hair
Samples
Whenever
They
Feel
Like
It
11/26/04
https://stopthedrugwar.org/chronicle-old/364
/hair.shtml
The US 3rd Circuit Court
of Appeals in Philadelphia ruled late last month that police may remove
and drug test large amounts of hair from a suspect's head, neck and shoulders
without a warrant or probable cause. The ruling came in the case of a Pennsylvania
state trooper who was forced to provide hair samples after his superiors
suspected he was using drugs. No drug residues were found in the hair samples,
and the trooper subsequently sued the Pennsylvania State Police for violating
his Fourth Amendment right to be free of unwarranted, unreasonable searches
and seizures. The trooper, William Coddington, lost in federal district
court, and the appeals court decision upheld that ruling.
According to the logic of
the 3rd Circuit, the Fourth Amendment does not apply to one's hair. Since
most body hair is visible, individuals have no reasonable expectation of
privacy and taking a hair sample is thus not a search, the court reasoned.
"The taking of hair is not subject to restrictions imposed by the Fourth
Amendment," the court held.
Since the Fourth Amendment
governs both search and seizure, the ruling strongly implies that police
can also seize (for whatever purpose) hair without a warrant or probable
cause.
That ruling caught the attention
of Rutgers Law School professor and Findlaw columnist Sherry Kolb who pronounced
it "bizarre" and "wrong as a matter of logic and constitutional analysis."
"For the police to behave
as they allegedly did toward Coddington, without having to act on suspicion
or otherwise justify their actions, is a frightening prospect," wrote Kolb.
"And make no mistake. Under the 3rd Circuit's approach, the police can
shave the hair of anyone who appears in public at any time. They do not
need to have any reason whatsoever for suspecting the unwitting shavee
of a crime."
-- END --
Issue #364
, 11/26/04
Editorial:
Epic
and
Turbulent
Times
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DRCNet
Event:
Rep.
Barney
Frank
to
Keynote
for
Perry
Fund
Forum/Fundraiser,
December
9,
2004,
Boston
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Britain's
Blair
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on
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SSDP
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Annual
National
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Shows
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a
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Sentencing
Reform
Gets
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Signature
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Newsbrief:
Polls
Find
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Majority
Favoring
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Newsbrief:
More
Support
for
Medical
Marijuana
from
Connecticut
Nurses
and
Texans
|
Newsbrief:
Rep.
Souder
Busily
Fighting
the
"Good"
Fight
|
Newsbrief:
University
of
Vermont
to
Pay
$15,000
to
Students
Arrested
for
Marijuana
Advocacy
|
Newsbrief:
Federal
Appeals
Court
Says
Police
Can
Take
Hair
Samples
Whenever
They
Feel
Like
It
|
Newsbrief:
Philippine
Drug
Doc
Calls
for
Marijuana
Decriminalization
|
Newsbrief:
This
Week's
Corrupt
Cops
Stories
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This
Week
in
History
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Apply
Now
to
Intern
At
DRCNet!
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or
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