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03-29-08, 10:41 AM #1
NOPD investigating complaint that officer pulled down 17 year olds pants on a street corner in broad daylight, then felt between his bare buttcrack
The New Orleans Police Department is investigating a complaint by a 17-year-old man that an officer felt between his naked buttocks on a street corner in broad daylight during a search, a police spokesman said this week.
Tredell Smith, 17, said he told investigators with the NOPD's Public Integrity Bureau that on March 11 an officer pulled his pants down enough to swipe between his buttocks with his hand.
At the time, Smith was handcuffed and facing a wall near the intersection of North Villere and Music streets, where he had been stopped in a car with two friends. Both Smith and Danielson White, a friend, were arrested and booked with possession of marijuana, crack cocaine and possession of firearms while in possession of narcotics. In later interviews, they both denied having guns or drugs.
White, also 17, who was also against the wall, said another officer pulled down his pants and underwear and also swiped between his buttocks. People on the street could see the officers' actions, he said, which he described as humiliating.
"He swiped like a Visa," White said.
Sgt. Joseph Narcisse, commander of the NOPD's public information division, initially confirmed the search and said it conformed with department policy. He later changed that statement, saying the arresting officers never touched the teenagers' skin, but performed a standard pat-down over their clothes.
Narcisse reiterated, however, that NOPD policy condones searching between suspects' bare buttocks if officers have reasonable suspicion of contraband.
"You just have to give the person some degree of privacy," Narcisse said.
Officers Nathaniel Joseph and Jamaane Roy, members of the 5th District Task Force who both joined the NOPD in 2004, performed thorough pat-downs of Smith and White after arresting them, he said.
Narcisse said the officers denied exposing the suspects' private areas to people on the streets or searching their bare buttocks.
Police declined to provide the police report on the incident. Narcisse said he wasn't allowed to provide a copy because it must be obtained from the records division. The initial incident report about the arrest had not reached the NOPD's records room by Thursday, 16 days after the incident.
The department's policy governing strip and body-cavity searches is based on a model policy crafted by the International Association of Chiefs of Police.
That policy defines a body-cavity search as "any search involving not only visual inspection of skin surfaces, but the internal physical examination of body cavities and, in some instances, organs such as the stomach, excluding the mouth."
That kind of search must be conducted by a medical professional in private, the policy says. A police officer must notify a supervisor to obtain a search warrant before such a search can be conducted.
But a search between a person's buttocks doesn't qualify as a body-cavity search, Narcisse said.
"A cavity search means in that person's rectum," he said.
Mary Howell, a New Orleans attorney who closely follows the NOPD's procedures and policies, questioned Narcisse's interpretation, saying the average person would consider a swipe between the buttocks an invasion of privacy.
"These are parts of the body that aren't exposed to public review, aren't available for physical touching without consent and probable cause," Howell said.
Smith and White were stopped by police in a black Pontiac Grand Prix, which was impeding the flow of traffic, according to the one-page summary that officers must file in every arrest for the court record. Joseph said he saw White, who was in the back seat, put his hand underneath the seat. After White got out of the car, Joseph found a .32-caliber handgun and two bags of marijuana under the car's back seat, the report stated. A narcotics dog later found a bag of "white rock objects" under the floorboard carpet, Joseph wrote in the report.
Roy conducted a pat-down of Smith, who was also asked to get out the car, and reportedly found a bag of marijuana and a bag of crack in his waistband. A .38-caliber revolver was in Smith's right pocket, according to the summary.
During a recent interview, Smith challenged the police version, saying his family's car doesn't have a space under the back seat to put a gun or drugs and that he wasn't carrying any drugs or a gun. The pants he was wearing didn't have pockets deep enough to hide a gun, he said.
Smith told the NOPD's public integrity officers that during the arrest one of the officers threw him to the ground hard enough to crack one of his teeth.
03-29-08, 12:48 PM #2
He got caught and he's facing time. By lying and making up complaints on the officer he's trying to shift the blame and exonerate himself.Pleasing nobody, one person at a time.
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03-29-08, 02:18 PM #3\\` ` ` ` < ` )___/\
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03-29-08, 02:21 PM #4
03-29-08, 04:48 PM #5
I'm sorry but I just can't imagine "swiping like a visa card" without 5 pairs of elbow length rubber gloves, a half gallon of hand sanitizer, all current inoculations, and a tetanus shot. Probably throw a face mask in there just to be safe. If I want to search somebody that well they are going to jail for something and we will do the search there.*************************"It wouldn't take much for me to up and run...to another life somewhere in the sun."*************************"There's something inherently wrong with having to put on a bullet-proof vest and a gun to go to work."-(An old friend)
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03-30-08, 06:01 AM #6
And I voted no before everyone starts wanting to know who it was. The only reason I voted no is IF the search was done in full public view. If the copper wanted to get up his ass, well go to it if you're froggy. But ya gotta give a brotha some privacy before you violate him like that, dayum.Are you a 3%er? If you aren't, you should be.
03-30-08, 06:30 AM #7"He swiped like a Visa," White said.Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me
We are who we choose to be.
R.I.P. Arielle. 08/20/2010-09/16/2012
03-30-08, 06:31 AM #8
Why a Visa and not a Mastercard?
03-30-08, 06:33 AM #9Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me
We are who we choose to be.
R.I.P. Arielle. 08/20/2010-09/16/2012
03-30-08, 08:05 AM #10
03-30-08, 12:42 PM #11
03-30-08, 01:17 PM #12
I voted NO.
Typically if my dog indicates on a vehicle, during the search of their persons, i will tell them that i am looking down the back of the pants for narcotics/weapons. i have found a good bit of drugs this way. I do not like the idea of swiping someones ass like a credit card machine. I think personally thats crossing the limits, ecspecially having a suspects bare ass showing in public and doing that.
Theres always 2 sides to the story, I agree with what Firing_Pin said, hes in hot water, and is looking far a escape route now.
Fuckith Himmith!YEAH, IM THE BERRIES, AND CHERRIES IN YOUR REAR VIEW MIRROR.
Handle every stressful situation like a dog.
Eat it, Play with it, or piss on it, and walk away!
As smart as man is, we haven't been able to invent a machine that can smell drugs or tell us where a person has walked,” Dogs are sophisticated investigative tools!
03-30-08, 02:56 PM #13Tredell Smith, 17, said he told investigators with the NOPD's Public Integrity Bureau that on March 11 an officer pulled his pants down enough to swipe between his buttocks with his hand.dlefdal said:
Ummmm, what if I don't like thumbs in my butt?
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