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Victoria Schneider
Outrageous and Unlawful Treatment by San Francisco Police
posted February 1998
SCHNEIDER V. CITY AND COUNTY OF SAN FRANCISCO FEDERAL DISTRICT
COURT CASE NO. C-97-2203-MMC
STATEMENT OF THE CASE
On the evening of June 13th, 1996, Ms. Schneider was unlawfully strip searched
by San Francisco police officers and sheriff's deputies while being booked at
the San Francisco County Jail. Shortly prior to the illegal strip search, Ms.
Schneider had been arrested by San Francisco Police Officer Robert Porter for
prostitution. Ms. Schneider was not suspected of possessing or concealing illegal
drugs, weapons or any other contraband. Moreover, Ms. Schneider at all times was
fully cooperative. Despite the fact that Officer Porter had specifically asked
Ms. Schneider to verbally verify her female gender, it soon became clear to Ms.
Schneider that the booking officer at the jail intended to place her in a holding
cell with male detainees. When it became obvious that she was to be placed in
the men's cell, Ms. Schneider protested and requested that she be placed in a
holding cell with other females. This reasonable request was summarily denied.
Ms. Schneider then asked the booking officer to check her rap sheet on the computer
(which clearly indicates that she is female), but he refused. Ms. Schneider knew
that the Sheriff had reliable information as to her gender because, following
an incident in 1993 where she had been placed in a male holding cell and then
strip searched when she protested, Ms. Schneider had personally delivered copies
of her birth certificate, her passport, and other documents identifying her as
a female to the Sheriffs Legal Department at the Hall of Justice.
Despite Ms. Schneider's pleas, the booking deputy told her that if she did not
want to be placed in a cell with male detainees, she would have to be strip searched.
Fearing for her physical safety, Ms. Schneider submitted to a visual strip search,
so that the jail personnel could verify her gender. A female deputy was then summoned,
while the City's employees and other detainees in the booking area snickered and
laughed at Ms. Schneider.
The female deputy took Ms. Schneider into a room off the hallway leading to the
women's side of the Jail and told her to strip. The deputy inspected Ms. Schneider's
genitals and made her bend over and cough. Ms. Schneider felt humiliated and cried
throughout this process. After the deputy had confirmed that Ms. Schneider is
female, she took her back to the booking area where City employees and detainees
continued to laugh and snicker at her. Eventually, Ms. Schneider was taken into
the day room on the female side of the Jail, where the humiliation continued until
her release the following morning.
In fact, Ms. Schneider's gender was easily verifiable. As of June 13, 1996, Ms.
Schneider's rap sheet indicated that she had been arrested by the San Francisco
Police Department on approximately fourteen occasions; in each case for disorderly
conduct/soliciting prostitution and no other offense. Her rap sheet also indicates,
prominently, "Sex: F." This information was readily available to the booking deputy
and other City employees present at the time Ms. Schneider was booked and strip
searched. There is simply no legitimate excuse for the humiliation the City forced
her to endure.
Visual strip searches of pre-arraignment detainees constitute a deprivation of
their constitutional rights if performed without probable cause or a reasonable
suspicion of concealed weapons, narcotics or contraband. Moreover, California
state law makes it a misdemeanor for law enforcement personnel to conduct visual
strip searches without such suspicion and without prior written authorization
from a supervisor. See California Penal Code 94030 and San Francisco Police Department
General Order 4.01. However, in Ms. Schneider's case, the officers involved possessed
neither the requisite suspicion nor prior approval, written or otherwise.
Nor did the City or the police officers act innocently. The arresting and booking
officers snickered and laughed at Ms. Schneider, establishing their intent to
humiliate her and cause her pain. If these officers had really questioned Ms.
Schneider's gender, a quick check of the computer database readily available to
them at the station would have resolved such questions more simply and expeditiously
than forcing Ms. Schneider to submit to a humiliating and unnecessary strip search.
Finally, both Officer Porter (the arresting officer) and Sergeant Lawson (who
reviewed and approved Officer Porter's arrest report and decision to book Ms.
Schneider into the San Francisco County Jail) had made prior arrests of Ms. Schneider.
In the incident reports supporting these prior arrests, Ms. Schneider is correctly
identified by both Porter and Lawson as female.
The strip search Ms. Schneider endured was both humiliating and emotionally devastating.
As performed, the search also violated Ms. Schneider's civil rights under the
United States and California Constitutions. Unfortunately, as detailed above,
this was not the first time that Ms. Schneider suffered from this sort of egregious
treatment at the San Francisco County Jail, nor is Ms. Schneider the only person
who has been subjected to this unlawful practice. Ms. Schneider has filed a federal
civil rights complaint and intends to recover for her injuries and the deprivation
of her constitutional rights caused by this outrageous policy and practice of
the City and County of San Francisco and its employees.
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