Editorials

<< Previous   of   Next >>   ADVERTISEMENT   HAVE YOUR SAY Feel strongly about something? Share it with the community by writing a letter to the editor. You’ll need to include your name, address and daytime phone number. (We’ll only publish your name and hometown.) We reserve the right to edit letters, but if you keep yours to 250 words or less, we won’t ask you to shorten it. If your letter is published, please wait 30 days before submitting another. Send it to: E-mail: letters@heraldnet.com Mail: Letters section The Herald P.O. Box 930 Everett, WA 98206 Fax: 425-339-3458 Have a question about letters? Contact Carol MacPherson (cmacpherson@heraldnet.com or 425-339-3472).   Published: Monday, June 15, 2009 FOURTH AMENDMENT FREEDOMS Suspicion goes overboard Instead of admitting a mistake, Snohomish officials last week clung to their unreasonable suspicion of a university professor after settling her lawsuit against the city. In 2005, Shirley Scheier, 55, an associate professor of fine arts at the University of Washington, was frisked, handcuffed and arrested after taking photographs of power lines near the federal Bonneville Power Administration substation, which has been identified by the department of Homeland Security as a “critical infrastructure-key asset target.” Last week, the city of Snohomish reached an $8,000 settlement with Scheier, on the advice of insurers. Settling the case likely saved the city money, officials said. A week-long trial could have cost upwards of $30,000, Snohomish Police Chief John Turner told Herald reporters. Losing the trial, of course, would’ve been more expensive. On that October day in 2005, BPA officials say Scheier was acting in what they considered a “furtive and suspicious manner,” Turner said. Police were called but Scheier didn’t cooperate, he said. The professor drove off and was pulled over along Highway 9, but again wasn’t cooperative, Turner said. Scheier said that she was cooperative and explained to police she was an art professor interested in power lines as part of the ecosystem. “They looked at me like I was nuts,” she told The Herald. She was questioned about her photos and her car was searched. She had in her possession a map with other power stations circled. Scheier was handcuffed and police called the FBI. When her name failed to show on an FBI database, she was freed. “We did the appropriate thing; we would do it again,” Turner said. It’s hard to understand was Turner believes was appropriate about searching Scheier and her car. Certainly responding to BPA’s call about suspicious activity was appropriate, but the handling of it was not, which is why the city is paying Scheier $8,000. In November, a federal judge rejected the city’s motion for dismissal of the case, helping prompt the city to settle. In his ruling, Judge John Coughenhour wrote, “An individual’s fundamental Fourth Amendment right to be free from ‘unreasonable searches and seizures’ does not dissipate merely because of generalized, unsubstantiated suspicions of terrorist activity.” This applies to map-carrying art professors, “overly curious Middle-Eastern-looking men” riding Washington ferries and all other people, camera-wielding or not. As Scheier said, “I am interested in it being made clear that there is nothing suspicious about photography.” We are even free to look furtive. READER COMMENTS Be the first to comment. You must be a registered user and verify your e-mail address to post comments to blogs or articles on HeraldNet. To register, click here. To read other terms and conditions, click here. Log out

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