12-11-17 Florida Tampon Search...

Causeless Florida Roadside Cavity Search Produces Tampon and Lawsuit

3 August 2012. United States District Court, Middle District of Florida, Ocala. The attached Case Number 5:12-cv-434-OC-99TJC-PRL complaint (appended below) charges the Citrus County Sheriff and associates of stopping and strip-searching Leila Tarantino, a female driver, on a public byway without probable cause on 11 July 2011 in Beverly Hills, Florida. One officer stooped so low as to pluck the soggy tampon right out of Leila’s unwilling vagina while consummating a cavity search. Officers then cited Leila for violating restrictions on her driver license.

Attorneys claimed the court has jurisdiction under 28 USC 1391, 1331, and 1343, 42 USC 1983 and 1988, and CUSA Amendments 4, 9, and 14. The lawsuit cites violations of Florida Statute 901.211 which imposes duties of reasonable privacy and authority upon officers, duties they ignored.

901.211 Strip searches of persons arrested; body cavity search.—

(1) As used in this section, the term “strip search” means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual or manual inspection of the genitals; buttocks; anus; breasts, in the case of a female; or undergarments of such person.

(2) No person arrested for a traffic, regulatory, or misdemeanor offense, except in a case which is violent in nature, which involves a weapon, or which involves a controlled substance, shall be strip searched unless:

(a) There is probable cause to believe that the individual is concealing a weapon, a controlled substance, or stolen property; or

(b) A judge at first appearance has found that the person arrested cannot be released either on recognizance or bond and therefore shall be incarcerated in the county jail.

(3) Each strip search shall be performed by a person of the same gender as the arrested person and on premises where the search cannot be observed by persons not physically conducting or observing the search pursuant to this section. Any observer shall be of the same gender as the arrested person.

(4) Any body cavity search must be performed under sanitary conditions.

(5) No law enforcement officer shall order a strip search within the agency or facility without obtaining the written authorization of the supervising officer on duty.

(6) Nothing in this section shall be construed as limiting any statutory or common-law right of any person for purposes of any civil action or injunctive relief.

The lawsuit attacks the Sheriff and deputies as officials and individuals for their scurrilous pattern of behavior that invades rights and for battering and humiliating Leila, and inflicting severe emotional distress upon her. It seeks declaratory and injunctive relief requiring a change to Sheriff policies and practices, and compensatory, general, special, and exemplary damages, plus attorney fees and costs and “other relief as the court finds just and proper.” Leila seeks a jury trial.

Let us join in wishing Leila’s attorneys Michael Suchrest and Matthew Birk (352-373-5922) the best of success in prosecuting the egregious malfeasance by the Sheriff and deputies. I wonder whether they investigated Florida Statue 760.51 as a tool for obtaining relief and remedy.

760.51 Violations of constitutional rights, civil action by the Attorney General; civil penalty.—

(1) Whenever any person, whether or not acting under color of law, interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the State Constitution or laws of this state, the Attorney General may bring a civil or administrative action for damages, and for injunctive or other appropriate relief for violations of the rights secured. Any damages recovered under this section shall accrue to the injured person. The civil action shall be brought in the name of the state and may be brought on behalf of the injured person. The Attorney General is entitled to an award of reasonable attorney’s fees and costs if the Department of Legal Affairs prevails in an action brought under this section.

(2) Any person who interferes by threats, intimidation, or coercion, or attempts to interfere by threats, intimidation, or coercion, with the exercise or enjoyment by any other person of rights secured by the State Constitution or laws of this state is liable for a civil penalty of not more than $10,000 for each violation. This penalty may be recovered in any action brought under this section by the Attorney General. A civil penalty so collected shall accrue to the state and shall be deposited as received into the General Revenue Fund unallocated.