I am a dual citizen from a country without Habeas Corpus and I always thought that the United States with its magnificent constitution and civil rights was heaven, so I didn't know I was descending into hell when my plane touched down in Fort Lauderdale Florida on January 8th, 2010. Here is my story:
"On the afternoon of January 8, 2010, I was traveling on Jet Blue Flight #377 from New York City to Fort Lauderdale to visit friends in Lake Worth, Florida. The plane was scheduled to arrive at 4:35 p.m. but was delayed by about one hour because of high winds in New York. During the flight I consumed three glasses of white wine, the kind that comes in the little bottles on airplanes, the last one at about 4 p.m. I also purchased two small bottles of vodka that I intended to give to my hosts, since I didn’t want to make any stop prior to arriving at their house. I put the bottles of vodka unopened in my purse.
I arrived at the car rental counter at approximately 6 P.M. Cell phone records indicate that I called my friend to tell her I was on my way to the auto rental at 5:57 p.m. Since I was a Gold member at Hertz, I stood at that line for a while, then I became agitated and asked why I was not getting service. Some clerk told me she was busy. I attempted to use the automatic rental contracts machines, when the clerk materialized and offered me two cars that I turned down because I considered them too big. Finally, she offered me a Saturn which I accepted and she prepared the rental contract for the Saturn. As I was walking to the lot to pick up the car, I saw a silver Mercedes Coupe and decided to treat myself and rent that; so, I doubled back to the counter to ask for the Mercedes at which point a manager and two deputy sheriffs came out and the manager told me I couldn’t have the Mercedes because I was inebriated. I thought he was joking and showed him that I could touch my nose and walk a straight line, as seen on TV; I also told him that since the sheriffs were there (and they couldn’t have come any faster if the airport were on fire. Clearly the clerk had called them and they were waiting for me to get behind the wheel and then pull me over.) I would take a Breathalyzer test and if it came back that I was not inebriated the car rental would be on him. After all, they had rented me a car even though they believed me to be inebriated, it was the upgrade that seemed to bother them. I still thought it was a joke!
But not for long! The next thing I know a Deputy Sheriff named Simpson, I believe, hand cuffed me very tightly with my hands behind my back and told me he was taking me to jail. I demanded an attorney, which he refused. I called him a profane double epithet, something that he objected to, his mood didn’t improve when I noted that truth was a defense. He manhandled me to the back of his official car by pushing/pulling me by the the shoulder. The man was caucasian, between 30 and 40 years old, approximately 6 foot tall and possibly 200 pounds. I am caucasian, 68 years old, and weigh 130 lbs and am 5’6” tall.
The sheriff then began what I consider an illegal search and seizure since as far as I knew he had no probable cause. He rifled through my purse and overnight carry-on. I am an inveterate green tea drinker and I was carrying some chinese green tea left over from previous trips. The officer could not contain his glee as he assumed the loose green tea to be cannabis; unfortunately the test he conducted in my presence was inconclusive. He called his partner and the two of them disappeared for approximately one hour with the tea.
When he returned, he told me he was taking me to jail, whereupon I again requested an attorney. He refused and announced proudly that he wasn’t going to read me my Miranda rights.. Instead, he took me to a hospital, because the medications that he had found (all prescriptions, duly documented) indicated that I had health problems. When the doctor came in to examine me I told him that I refused all care without an attorney present, which was again denied, and the sheriff took me to the Broward County Jail. Before we had left the airport, he had stripped me of all my jewelry with such brutality that a jade bracelet I was wearing broke in two. After that my notion of time is hazy as I no longer had my watch and no clock were to be found.
At the jail, I was commanded to completely undress and I was strip searched and then told to leave my clothes and I was given a thin pajama-like cotton pants and shirts. This was the coldest day in Florida in years and I was very cold and demanded a sweater or a blanket. Denied.
After several hours, I was booked for possession of cannabis, inebriation and obstruction without violence with bail set at $100, which I indicated I would pay. The clerk told me to wait until they called me. Meanwhile, I spoke to the nurse on duty who measured my blood pressure at 260/114, but still would not allow me access to my medication. I enquired several times when I was to be released and each time told that my bail had been paid and any minute now.I knew that couldn’t be true as I had not been allowed to make a phone call, and in any case you could only make collect phone calls to area code 954 where I knew no one and the only way my bail could have only been paid was if they had withdrawn the cash from my wallet.
With all the tergiversating about bail and release, it was approximately 3 a.m. on January 9th when I was taken “upstairs” where I should have been released. I had had no food besides the snacks on the plane since 7 a.m. January 8, and I had pain in my left side from the shoulder to the pelvis, due I am sure to the exacerbation of my fibromyalgia and lack of food and water. To this day, I am still coughing from the cold, which I didn’t have when I entered the jail, but was definitely suffering from when I left; I demanded medical assistance, which was denied. As I was laying on the floor trying to alleviate the pain, a male nurse attempted to lift me by my wrists. The same wrist that was later diagnosed as sprained.
At approximately 4 a.m., breakfast was thrown (literally) at me, but by then my stomach and chest hurt so I decided to wait until later to eat. At 6 a.m. when the guards came to check my blood pressure, one of them stated that keeping the food was not allowed and removed the skimpy breakfast that I had been given at 4 a.m. So I had had no food since 7 a.m. the previous day. At 8 a.m. I was told I had to see a magistrate and again demanded an attorney which of course was denied. I am a dual citizen and I also demanded to that the French Consulate be contacted as is my right. I was hoping he/she could contact an attorney that could come and bail me out. When I wasn’t called to see the magistrate I demanded to know what was going on, requested an attorney and demanded that the French Consul be contacted. Denied on the basis that my bail had been “paid” and that it was just a matter of time before they released me. Eventually, my name was called and after waiting another hour or so, my clothes were returned to be as well as my other belongings. This is when I found out that my jade bracelet was broken; the two mini bottles of vodka and the chinese green tea were also not returned. I requested to annotate the sign sheet for my belongings, but that too was refused. Eventually at about 12:30 p.m. I was released after paying $100. The charge was “obstruction without violence” no mention of cannabis or inebriation!
I saw a physician at a 24-hour walk-in clinic where I got x-rays for both my shoulders, wrists and knees. The doctor documented the bruises and I took photos of them. The doctor found that my right hand and wrist were sprained by the tightness of the handcuffs and he ordered a splint for it.
It is evident that my civil rights were tramped upon all during that incident, but I must add that my treatment was no better and no worse than the one afforded to my holding cell cellmates, who kept cautioning me not to make my repeated requests for an attorney and the French Consul. telling me that the more I asked the longer I would stay. These women who clearly had been through this process before were too cowed to demand their basic civil rights. For example, one young woman who was lactating and obviously without her infant was held for over 12 hours and pumping out her milk so that the infant could be fed and her pain alleviated was also refused. Another cellmate was obviously going through withdrawal and was in need of medical attention, which was always refused.
I believe that what happened to me in Broward County Jail and the Broward County sheriff is unconstitutional and is a complete disregard of the laws of the United States and of the Constitution. I also believe that the individuals that go uncomplainingly through this process are at a socio-economic level where the constant threats by the guards are sufficient to keep them in fear, should they complain about the treatment received."
I assumed that this treatment was so exceptional I wouldn't have any problem getting an attorney and after getting the charges dismissed sue for violations of civil rights. Wrong!
First I was booked for the following charges: inebriation, obstruction without violence, possession of cannabis. I was bailed out for $100 with the single charge of obstruction with no violence. However, documents from the District attorney show that the charges dismissed were drunk and disorderly as well as obstruction with no violence. What's up in Florida, is it like ice cream: charge of the day?
I contacted the Miami ACLU Office who didn't offer even the courtesy of a reply. The attorney that I retained, sight unseen, charged me $1500 for what he claimed was heroic efforts but I found that dismissal of these charges are usually not followed up by the DA, particularly, when as in my case, these charges come with no information.
The Sun-Sentinel of Fort Lauderdale picked up a blog by Dan Christensen, Browardbulldog.org, which relates that a 78-year old woman was held in the same jail for an offense not committed!
I will send this to the Fort Lauderdale Sun-Sentinel and hope for the best.
Stay tuned and let me know if anything like that ever happened to you in Florida or anywhere else in the US.
This really is scary, Suzanne. And outrageous! Good for you for making a fuss about it.
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