[11] In 2011, some New York camera crews and photographers waited 15 hours for former International Monetary Fund director Dominique Strauss-Kahn to be brought by for his arraignment on charges of sexually assaulting a hotel maid.
[12] The defendant taken to court is usually brought in through an entrance from a public area such as the street or sidewalk, often escorted by plainclothes police officers (who may be those who have investigated the case and made the arrest, especially if multiple agencies were involved[13]) and sometimes accompanied by his or her attorney.
[17] Two former federal prosecutors turned defense attorneys advise that a white-collar defendant "should be prepared to look as professional as possible under the circumstances,"[5] as the fictional character Sherman McCoy does after he surrenders to face a charge stemming from a hit-and-run accident in Tom Wolfe's 1987 novel The Bonfire of the Vanities.
[18] New York Mafia boss John Gotti wore the expensive custom-tailored suits that earned him his "Dapper Don" nickname during perp walks, in contrast to the sweatpants and jackets seen among other contemporary organized-crime figures.
[19] Susan McDougal, subjected to a brief perp walk in a miniskirt, leg irons and a waist chain as she was taken to jail for refusing to testify before special prosecutor Kenneth Starr's grand jury investigating Whitewater, wrote of the experience in her memoir, The Woman Who Wouldn't Talk: As soon as I saw the camera lights, I instantly knew that everyone I loved would see this on the evening news.
Mary Jo White, former United States Attorney for the Southern District of New York, the federal prosecutor's office that handles most crimes committed in the financial sector, believes perp walks in such cases restore investor confidence.
J. Edgar Hoover, the first director of the Federal Bureau of Investigation (FBI), made sure the press could witness his agents bringing accused gangsters Alvin Karpis and Harry Campbell to justice.
After they had been in lockup for a night, McClusky had the cuffed suspects marched through the streets of Little Italy, in full view of their fellow Italian immigrants, from police headquarters to the nearby Third Judicial District Courthouse for arraignment, claiming that the paddy wagons in which this would normally be done had not arrived as scheduled.
The defendant's pained expression, next to Seedman with a cigar stub in his mouth, "stretching the suspect's face as if it were pizza dough", as the New York Times put it years later, was captured in the photographs, leading to public outrage.
[16] Later that decade, in 1977, an amused-looking David Berkowitz, the "Son of Sam" serial killer, was paraded in front of a large group of media after his arrest, a spectacle that calmed a city his murders had left on edge.
[14] During the Whitewater investigation in the 1990s, Susan McDougal, held in contempt for refusing to testify before special prosecutor Kenneth Starr's grand jury, was perp-walked wearing leg irons and a waist chain as well as handcuffs, which she wore over an ensemble consisting of a jacket, white blouse, miniskirt, black stockings and high heels.
The charges were later dropped, and he filed a Section 1983 suit against Charles, the police and the city in federal court, arguing that the perp walk was an unreasonable seizure of his person that thus violated his Fourth Amendment rights.
[49] Back in Iraq, deposed dictator Saddam Hussein made what an American photographer present called "the ultimate perp walk", in restraints, escorted by two Iraqi security personnel, with a media presence, to the start of his trial in 2004.
Viktor Bout, a Russian long wanted by the U.S. and other governments for arms smuggling, was arrested in Thailand and taken past waiting media by federal Drug Enforcement Administration agents upon his extradition in 2010.
The next year, Dominique Strauss-Kahn, then director of the International Monetary Fund and considered a leading candidate to challenge Nicolas Sarkozy in the 2012 French presidential election, was arrested and charged with the attempted rape of a hotel housekeeper.
[53] Two months later, criticism of the perp walk resumed when Strauss-Kahn's bail terms were reduced from house arrest to his own recognizance after the office of Manhattan district attorney Cyrus Vance, Jr. found the housekeeper had been dishonest with them about other aspects of her story than the attack.
[54] In the 1931 Near v. Minnesota decision, the United States Supreme Court held that laws limiting what could be published, called prior restraint, infringed on the freedom of the press guaranteed by the First Amendment to the Constitution.
"[61] He ruled that Charles was not entitled to qualified immunity for his actions since Ayeni v. Mottola, a previous decision of the Second Circuit Court of Appeals, which has appellate jurisdiction over New York, held that unnecessary media exposure by law enforcement was unconstitutional.
In the latter case the Court had unanimously held it was unconstitutional for reporters to accompany federal marshals executing an arrest warrant in a private residence since their presence served no valid law enforcement purpose.
Since the two cases involved private homes with a reasonable expectation of privacy, he distinguished Lauro's by noting the perp walk had occurred on a public street and sidewalk in front of the police station.
He declined to rule on the constitutionality of perp walks as a general issue since that question was not before the court, and held that Charles indeed had qualified immunity because the facts of Ayeni were not sufficiently identical with Lauro's case to consider it settled law as of 1995.
Videotaping the defendants under arrest on county property did not violate their privacy, since "[t]he fact that a person can be found in a particular place at a particular time does not give rise to some possessory interest, and it would be unreasonable to conclude otherwise."
At the behest of Rudolph Giuliani, then U.S. Attorney for the Southern District of New York, Wigton, then head of risk arbitrage at now-defunct Kidder Peabody was arrested at his office on insider trading charges in 1987.
"[77] In 2011 detectives from the New York City Police Department's Special Victims Unit walked a handcuffed Dominique Strauss-Kahn past waiting reporters on the way to his arraignment on charges of sexually assaulting a hotel housekeeper.
"[79] The French newspaper Le Monde editorialized: "When one of the world's most powerful men is turned over to press photos, coming out of a police station handcuffed, hands behind his back, he is already being subjected to a sentence which is specific to him ... Is it necessary that a man's fame deprive him of his presumption of innocence in the media?
Eva Joly, who as a magistrate brought corruption charges against Strauss-Kahn (of which he was later acquitted) and was herself expected to run for the French presidency on the Europe Écologie-The Greens line, agreed that the images were "very violent" but noted that the American system "doesn't distinguish between the director of the I.M.F.
"[83] A paper by Israeli researcher Sandrine Boudana two years later analyzed responses to the Strauss-Kahn perp walk in French and American print media within the context of the countries' respective cultures.
Edward Wasserman speculates that criticism of European criminal-justice systems in light of a perceived rise in crime stemming from immigration, and the availability of suppressed or unreported information online, may lead to a greater openness there.
In one instance that officials later admitted they lost control of, suspected terrorists were led into an auditorium where the acting Minister of the Interior attempted to detail their crimes before not only the media but an audience of the family members of the victims.
When the government announced an arrest warrant against former deputy prime minister Tariq al-Hashimi, who had fled to the Kurdish-controlled regions of the country, it broadcast the confessions of three of his bodyguards to support charges that he had ordered the assassinations of rivals.