Constitutional Violation

In June 2005, Chief Edward Locke Jr. , of the Bella Villa Police Department allegedly committed a constitutional violation after directing Jami Neco Schmidt to “lower her pants so he could photograph the tattoo” in her pubic area. W. Bevis Schock, Schmidt’s lawyer, further stressed that the ‘strip search’ done to Schmidt violates the constitution because the ‘strip search’ was done “in an area where people could see if they looked in the windows. ”

On the other hand, Locke’s defense lawyers argued that no pictures of Schmidt’s tattoo in the pubic area were taken and that the defense lawyers reject the categorizations of the allegations as a ‘strip search’ by definition. Further, they argued that the actions of Locke are justified because Schmidt gave false information to the authorities as she herself admitted. The defense side has attempted to file a summary judgment which translates into the assumption that the allegations of Schmidt are all true.

This is to forward the argument of the defense that Locke’s actions were “not objectively unreasonable” thus giving the argument that Locke acted in accordance to his duty as police chief. The most likely remedy to be applied to the case is to, first, conduct a thorough investigation on the case so as to accurately extract the facts and be able to arrive at a definitive analysis and legal decision on the case.

Second, since Locke has a history of court cases related to his duty as police chief, a thorough background check on these cases can be applied in order to arrive at the sound legal remedy based on previous court cases filed against Locke. Although negotiations can be a remedy to the case of Locke and Schmidt, nevertheless it does not entirely solve the problem. It does not even address nor resolve the factual occurrence of the event either.

Rather, it merely preempts another case being filed against Locke and compensates for whatever damage has been done. It does not bring justice basically. The best remedy that can be applied is still the courtroom argumentation for it runs as a thorough inquiry into the case.

Reference

Walter, D. (2005). Federal suit against Bella Villa police chief alleges pelvic tattoo photo equals strip search. Dolan Media Newswires.