Let's start with some background on courthouse security. On August 7, 1970, a deadly incident took place at the Marin County Courthouse in California. Judge Harold Haley was killed when Jonathan Jackson, using guns allegedly supplied by Angela Davis, attempted to free three inmates, taking several hostages in a violent escape attempt.
Another serious courthouse event occurred on September 22, 1971, at the Cook County Criminal Courthouse in Chicago. I was actually in the building, two floors below, when it happened. Convicted murderer Gene "Iceman" Lewis, during his court appearance, grabbed a gun left for him on a bookshelf by a lovestruck lady court clerk. He then disarmed the chief bailiff and took two hostages. He was quickly shot and killed by three police officers. After this incident, Presiding Judge, Joseph A. Power issued an order requiring every person entering the courthouse to be physically searched by Sheriff’s Police. This was the first courthouse in the country to implement such security measures, and soon after, courthouses nationwide followed suit.
Initially, Sheriff’s Police had to conduct hand searches, as metal detectors were not yet in use. For the first few months, they averaged 30 arrests a day for illegal concealed weapons until word got out. Eventually, court bailiffs took over these duties, and metal detectors are now standard.
So, you want to know how to get out of jury duty?
The Fourth Amendment to the United States Constitution protects citizens from unreasonable searches and seizures, stating: "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
Court orders requiring searches depend on you voluntarily waiving your Fourth Amendment rights before entering the building. The truth is, you don't have to submit to these searches. Of course, security won't let you in without complying, but this is where your strategy comes in.
When you receive your jury summons, write a letter to the presiding judge of the court. Politely state that while you are willing to serve on a jury, you are not willing to waive your Fourth Amendment rights against unreasonable search and seizure. Indicate that you will not voluntarily submit to a search like a common criminal. Conclude by saying that you are happy to serve, provided they can ensure you are not subjected to any search of your person or property when entering the courthouse.
The court has no legal way to force you to waive your constitutional rights. They certainly won't want to set a precedent by making exceptions. As a result, they will excuse you from jury duty.
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