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Criminal Law

: Fourth Amendment

S.D.N.Y.: Terrorism suspect claiming PTSD from the CIA could not avoid jail strip searches on that ground

By John Wesley Hall, Jr.

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Defendant, accused of conspiring with bin Laden to bomb embassies in 1998 and awaiting trial in Manhattan, is strip searched whenever he goes to court. He claims PTSD flashbacks from the strip search to CIA interrogation techniques. The court rejects his claim because of the weighty interest in jail and courtroom security. United States v. Ghailani, S10 98 Crim. 1023 (LAK) (S.D. N.Y. June 14, 2010): In light of the above Beard [v. Banks] analysis, and even assuming the truth of all of Dr. Porterfield’s testimony, which the Court does not now either accept or reject, the defendant is not entitled to relief. He has not “met [his] heavy burden of showing that these officials have exaggerated their response to the genuine security considerations that actuated these restrictions and practices...continue to full post

Full post as published by Fourth Amendment on June 22, 2010 (boomark / email).

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