Copy of a letter I sent to ACLU. Suggestions?
tcl...@pacbell.net
From: Tom Louie
To: ACLU Foundation of Southern California
Re: Violation of 4th Amendment rights at a city facility
To Whom It May Concern:
I am writing this note in advance of visiting during your regularly scheduled
“walk-in” time next week. Hopefully, this will give you enough time to
evaluate my case.
Last week, on Tuesday, March 2, approximately between 5:00 and 5:30 PM, I was
detained and handcuffed at the Los Angeles Central Library because I refused
to allow a security guard to inspect my backpack.
The incident began when I used the Hope Street (South) entrance to enter the
Central Library. I did not set off the sensors on entering. I neither had nor
owed any library materials. I did have in my backpack some rental
videocassettes from a Blockbuster store, and I was aware that videos of any
kind tend to set off the library sensors, but that knowledge had momentarily
slipped my mind.
On entering the library, I did not go beyond the lobby area, nor did I search
for or use any chargeable library materials. I did not enter any stacks, or
any study area, or the bathroom, or any escalator or elevator or stairway, or
any hallway which would lead to another part of the library. My sole purpose
in entering the library that day was to see if the Library Store (located in
the entrance area) had a certain item in stock. The store did not, and so I
attempted to leave. Probably less than five minutes had passed since I had
entered.
As I was walking out the Fifth Street (North) door, the alarm sounded. The
plainclothes security guard called me over and I explained to him, truthfully,
that the alarm was probably set off by my rental videos. He then asked to see
inside my backpack, and I refused. He then ordered me to walk with him over to
the security station, where the uniformed security guards asked again if they
could see inside my backpack, or if I could open it up and show them the
contents. Again I refused, repeating my belief that such a requirement was
unconstitutional and an infringement on my rights.
At this point I was handcuffed and the security guards called the LAPD. I
never did give my consent for anyone to search my backpack. Otherwise, I was
cooperative the whole time with regard to giving identifying information
about myself, and I never attempted to leave or flee.
When the LAPD officers arrived, they claimed they had the right to open my
backpack without my permission. They discovered that the contents of my
backpack were exactly what I had said: rental videos and no library
materials. After carrying the videos by themselves past the sensors, and then
the backpack without the videos, they determined that the sensors had not
been set off by anything belonging to the library. Officer Miranda of the
LAPD gave me a brief lecture (in which he showed unfamiliarity with the basic
wording of the Fourth Amendment), and then I was released and escorted out
the Fifth Street door. The time was after 6:00 PM.
The conduct of the officers and security guards involved is not an issue
here. They did not behave in an objectionable manner, except for showing
exasperation at my steadfastness, and except for one occasion when one of the
security guards cursed mildly under his breath. I was not mistreated other
than having my Fourth Amendment rights violated and enduring the
inconvenience, humiliation and mild physical discomfort of being handcuffed
and not being allowed to leave.
I did not set off the sensors as any kind of “test” or provocation, as the
security guards implied. As I have said, I momentarily forgot that any kind
of videos may set off the alarm, and I will avoid having this sort of thing
happen to me again. Either I won’t bring videos to the library, or I’ll carry
them in my hand, out in the open. Nevertheless, I am bothered by the
possibility that this may happen to someone else, or that I may even forget
and set off the alarm again.
I can understand the safety concerns that may lead to backpacks and purses
being X-rayed or inspected for weapons, but that is not at all relevant here.
The library is not a security-sensitive area, and the sensors at the doors
are not metal detectors. There is no concern for people’s safety at stake
here, only concern for library property.
In terms of the technology available, I think the library’s property can be
watched over without resorting to such intrusive enforcement. In spite of
what Officer Miranda said--that such technology may come in the 21st
century--I think the sensors can be fixed so that they can distinguish
between the library’s materials and other materials. One interesting fact
that should be noted is that, later that same evening, I carried those same
Blockbuster videos through the sensors at Target and Barnes & Noble, two
private business establishments which sell videos, cassettes and other
magnetically-sensitive materials. The sensors did not go off at either store.
Perhaps private establishments can make patrons submit to searches as a
condition of entry; I have submitted to many such searches. However, the
library belongs to everyone, is paid for by all of us, and cannot impose the
surrender of one’s constitutional rights as a condition for use. Furthermore,
I did not even technically “use” the library on this occasion. I spent barely
five minutes there (voluntarily), and I barely got through the entrance foyer
before I was handcuffed.
The library is often considered to be the last truly egalitarian institution.
People feel secure and relaxed there, in a way that they wouldn’t feel in a
police station or a school. Even the homeless or the unwashed have the right
to use its services for free. The Central Library even offers services to the
illiterate and to people who can’t read in English(which is another advantage
over police stations and schools). I myself, as a grade-school teacher, have
sought to empower my students and their parents by giving them tours of the
Central Library on a couple of occasions.
Unfortunately, after this incident I have absolutely no desire to return to
the library. Nor do I desire to bring anyone else there. It seems there is no
place left to go where one can be free from the encroaching police state.
I respectfully request legal assistance in obtaining an injunction which will
prevent the City of Los Angeles from forcing library patrons to submit to
searches.
Sincerely,
Tom Louie
(323) 227-4678
tcl...@pacbell.net
P.O. Box 32202
Los Angeles, CA 90032-0202
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Harmonious Sal
he asked. Demanding a so called civil right in a situation that calls for
the guard's doing his job, as it should be done, is pure neurotic; the alarm
went off, you do what you're asked.
You asked for input, you just got one.
Sal
A fellow neurotic, with control
*********
tcl...@pacbell.net wrote in message <7c8830$nen$1...@nnrp1.dejanews.com>...
rockdog
If this is the " mountain " you choose to fight and die on,
may it be a death of a thousand cuts.
I find your mole hill absurd.
Perhaps you should increase your dose of Prozac.
Or just smoke a joint.
Get well soon.