Last week I posted a letter I’d written to the Oakland County sheriff under the title “Death by a thousand cuts.” Yesterday I received a call from a Lt. Perry, who supervises the errant officer who inappropriately touched me. He started out the conversation with quite the attitude, as in “she did nothing wrong, that’s her job.” When I asked for her to come over and personally apologize, he stated: “That’s not going to happen.”
There was quite a bit of conversation that followed in the same vein, until I said that when and if I ever got jury duty, I would write back stating that since I do not consent to a search, I would not be serving on any jury (since I would be denied building entry.) Well, that simple sentence caused a rather remarkable change of officer attitude.
Perry then said he did not want his office to cause me to not do my civic duty, that he did not want me to feel that I was denied access to any government service, and he gave me his telephone number; he said he would come down personally if I had any problem with a screening officer.
So the lesson here is: you must consent to be searched. All an officer can do at that point is deny you entry. I am truly looking forward to the first case where a judge needs to decide whether due process is being denied without a consent to search. Every case I have ever seen regarding a suspicionless search is that an officer cannot legally compel a voluntary search.
So for any of you who decide that jury duty is not worth the daily security gauntlet, it appears you have quite a large loophole within which to place yourselves.