Supreme Court Approves Strip-Searches for Any B/S/T Violations

[Shave A Buck]

I've been a police officer in New Jersey almost 24 years now. Don't take this too literal.

Each indvidual state can place limits on when these are performed. Should someone in New Jersey be arrested for any offense this would only be done in a long term custodial setting such as the County Jail or State Prison, or when there is probable cause to say they are hiding something. Not if you were arrested then bailed out of the local police station a few hours later.

There is a need to do this for a long term custodial setting such as jails and prisons.

What if my job was to get arrested knowing I would be sent to a jail where the leader of my criminal group or gang is being housed.

He's in there for murder, I get arrested for a small amount of marijuana intentionally or something minor. While in the same jail as he is in I pass him the items I smuggled in without being searched such as a weapon or more realistic yet...a cell phone battery for his contraband cell phone which he can't openly charge as we do on our dressers.

Now he has a new battery to conduct gang business with and order murders etc of witness' while he is supposed to be locked up and off the streets. Now he's got a weapon he can use to escape or kill an inmate who may be your family member in there for not paying his child support caught in the middle of a gang war inside the facility.

[Mike in Cincy]

What's the big deal? When you get locked up you don't have any rights.

With all due respect, that is one scary comment.

[ScoutHikerDad]

While I am DEEPLY concerned about governments at all levels grabbing more and more power, trampling on the Constitution (i.e.the Patriot Act and the 4th Amendment, cops abusing protesters, etc.), there was a local case recently wherein a man surrendered to police on some charge, and a full-size, K-frame, 6" barreled Smith and Wesson .38 was found up his kiester. I know, it's hard to believe, and I wish I could find the link, but they had a picture of it (the gun) on the news. I imagine that must have been a mite uncomfortable. Obviously, arresting officers and jailers have to be very vigilant.

[noahpictures]

I'm sorry, the title threw me, as it was not only inaccurate but inflammatory. So, I'm sorry for thread-jacking this late, but ..
I couldn't post because
1) I'm no longer a lawyer, and therefore loathe to post legal opinions on the web
2) I'm with the media & that is so yesterday
3) a guy who the police couldn't search just pulled a weapon on me in our jail cell, as I was typing away on my device.

I agree with garyg. Theslippery slope argument is used by non-legal scolars all the time. Read the opinion first. The searches apply to people being placed in general housing, not in temporary housing for arraignment purposes (which must be done within a reasonable time after arrest as guaranteed by due process). To say 2 miles over the speed limit results in this is inaccurate and inflammatory.It is an intrusion on those going to jail for an extended period of time, but the purpose of jail is to deprive you of freedoms you would otherwise enjoy. Here is another freedom you are losing. Bottom line: don't break the law, and unless you're wrongly accused of a crime, this won't affect you in the slightest.

This was on the first page of every major news paper in the country. There is nothing inflammatory about it. The fact is that after this decision by the supreme court it is possible to be strip searched for a minor offense including traffic violations. Now it is up to the jailor. I have been cited going 68 mph in a 65 mph zone. Luckily I didn't forget my wallet at home and had my driver's license with me, otherwise it would be off to jail. Our jails are over crowded, the chances of a person getting his own holding cell until he is bailed out or seen by the judge in the morning is slim to none.

"Insisting that it has no expertise in how to run a jail or prison, the Supreme Court divided 5-4 Monday in ruling that every person arrested and held temporarily can be subjected to a routine strip search, so long as it involves only a visual inspection without touching or abusive gestures. The prisoner, however, may be told to manipulate some part of the body. Some difference of emphasis among the five Justices in the majority made it appear that the decision might be more limited than at first glance.
The ruling, it appeared, did not authorize jail officials to conduct a strip search unless the prisoner was to be placed among other prisoners at the facility..."

"the prisoner...maybe told to manipulate some part of the body" that means the jailor can demand the prisoner to spread his butt cheeks, squat and cough and/or demand the prisoner to lift up his testicles. I think the country was better a week ago before this decision.

[insomniac]

This was on the first page of every major news paper in the country. There is nothing inflammatory about it. The fact is that after this decision by the supreme court it is possible to be strip searched for a minor offense including traffic violations.

... only if you are arrested and going to be incarcerated with the general population. That is not is minor detail.

[rajagra]

Spoiler:

[k2clones29]

This was on the first page of every major news paper in the country. There is nothing inflammatory about it. The fact is that after this decision by the supreme court it is possible to be strip searched for a minor offense including traffic violations. Now it is up to the jailor. I have been cited going 68 mph in a 65 mph zone. Luckily I didn't forget my wallet at home and had my driver's license with me, otherwise it would be off to jail. Our jails are over crowded, the chances of a person getting his own holding cell until he is bailed out or seen by the judge in the morning is slim to none.

"Insisting that it has no expertise in how to run a jail or prison, the Supreme Court divided 5-4 Monday in ruling that every person arrested and held temporarily can be subjected to a routine strip search, so long as it involves only a visual inspection without touching or abusive gestures. The prisoner, however, may be told to manipulate some part of the body. Some difference of emphasis among the five Justices in the majority made it appear that the decision might be more limited than at first glance.
The ruling, it appeared, did not authorize jail officials to conduct a strip search unless the prisoner was to be placed among other prisoners at the facility..."

"the prisoner...maybe told to manipulate some part of the body" that means the jailor can demand the prisoner to spread his butt cheeks, squat and cough and/or demand the prisoner to lift up his testicles. I think the country was better a week ago before this decision.

If I were never involved in the legal system, I would probably agree with you. But since my job directly pertains to criminal justice, my perspective has changed. Shave A Buck was employed in the criminal justice system as well, and he wrote a great post. Everyone should read it. To sum his point of view up, correction officers "need" to do this to ensure safety within a correctional facility. They don't want to do it as much as you don't want them to do it, but they have to because there are a few bad eggs out there that can create havoc within a jail. The opinion is limited. It does not give carte blanche to the police.

To say you can be strip searched by going 3 miles per hour over the speed limit is simply not accurate. It's more complicated than that. The court's decision applies to individuals who have had bail set on them and are being placed into the general prison population, not to those who are being temporarily detained in a holding cell awaiting to see a judge for arraignment purposes. Those are two entirely different scenarios. There is a massive distinction between temporary detention and incarceration, and the decision recognizes this distinction.

[garyg]

... only if you are arrested and going to be incarcerated with the general population. That is not is minor detail.

But if you read it on the Boob Tube or heard it in USA Today, it must be true right? If Fox News bleats it, or Spike Lee Tweets it, can't it be anything but truth?

The media always tries to stir up a story out of 5-4 Supreme Court decisions, because otherwise real journalism might re-appear & take those twits out of a job ..

[Shave A Buck]

The news media omits details in order to stir the hornets nest. We have seen this many times in our lives. If you are going to lodged in a facility such as a jail or prison they can do this. And they should!

What if you were in a jail for a minor offense such as DWI and the place was loaded with weapons and drugs. Nothing better to be around than already crazy criminals now on drugs in a mob mentality setting.

[natchez]

I would think a combination of a metal detector and a body scanner could achieve the same result without being as intrusive as a strip search might be. I am all for the police being able to protect themselves and other inmates from weapons, my son-in-law is a peace officer, but I have watched America change in some ways for the better and in some ways not for the better over the last forty years.

For example, I recall seeing signs in the deep South when I was a boy enforcing segregation laws and was appalled by them. That has surely changed for the better.

On the other side, the amount of government intrusion into our daily lives has increased dramatically. I recently received a community information survey from the census bureau asking quite detailed financial and personal questions. When I did not send it back within their initial time frame, I was threatened by the person who called me that if I did not fill it out I could be prosecuted. I found the mere fact that some low level bureaucrat would be able to call a citizen and threaten them quite troublesome. I always thought that freedom of speech included the freedom not to speak as well. I suppose the census bureau and Congress forgot to read that bit in the Supreme Court's decisions.

[jazzman]

The news media omits details in order to stir the hornets nest. We have seen this many times in our lives. If you are going to lodged in a facility such as a jail or prison they can do this. And they should!

What if you were in a jail for a minor offense such as DWI and the place was loaded with weapons and drugs. Nothing better to be around than already crazy criminals now on drugs in a mob mentality setting.

Well said, Shave A Buck.

I usually disagree with Supreme Court decisions with a majority consisting of only the five Republican-appointed justices, and the facts of this case were difficult to deal with, but I think they got this one right and that they properly limited the scope of the ruling. The safety of the prisoners and staff in the portion of the jail that will be housing prisoners for more than a few hours is a very important consideration. I feel bad for the plaintiff who went through a humiliating experience through no fault of his own, but the realities of modern life require tough choices.

[malocchio]

If forced strip search on minor infractions is permitted,then a cavity search would be permitted on the exact same grounds...

[k2clones29]

If forced strip search on minor infractions is permitted,then a cavity search would be permitted on the exact same grounds...

Based on what authority?

[Shave A Buck]

Me personally I find the court to be liberal. You are right 5 are appointed by republican presidents but at least one swings more liberal or democrat than he was thought he would when put up for consideration.

As far as America changing, you are correct but I do not see it swinging more right or conservative. I think these changes are a result of a more liberal agenda which is how we have reached the opinions on this issue.

Is the country so liberal and permissive that now we do not even expect to be searched when arrested. Is that why you cannot believe they ruled this way. When you are arrested you do loose some of your rights..just some mind you. I was surprised they ruled this way but it was correct as for my opinion.

As far as body scanners go, I would imagine that some county in no-where west Texas or even big cities that are failing financially due to other court decisions would have a hard time purchasing these. I got an idea...lets hire a lobbyist to go to congress and push for these to be purchased by the federal government..I bet the manufactures would even pay for his services. After all government doesn't make money, they just take a little more of yours to give the lobbyist what they want after the lobbyist pay them off.

[ouch]

I draw the line at vivisection.

[oc_in_fw]

"I wash born here, an I wash raished here, and dad gum it, I am gonna die here, an no sidewindin' bushwackin', hornswagglin' cracker croaker is gonna rouin me bishen cutter."

[Go West Young Man]

Is the country so liberal and permissive that now we do not even expect to be searched when arrested. Is that why you cannot believe they ruled this way. When you are arrested you do loose some of your rights..just some mind you. I was surprised they ruled this way but it was correct as for my opinion.

"Searched" and "Strip searched" are two very different things. Stripsearched doesn't mean you get naked, it means you get probed and searched in an extremely degrading way.

[beginish]

Folks, this thread has slowly made its way to the point where the political pejoratives are getting tossed around. I will remind everyone of our zero tolerance for political BS in the Barber Shop. Believe it or not, it is possible to discuss a Supreme Court decision without getting political.

[k2clones29]

Believe it or not, it is possible to discuss a Supreme Court decision without getting political.

Thanks beginish. Well said.

[TonyH]

Thanks beginish. Well said.

+1