A strip search is a specific type of search method employed by the police, generally for the purpose of finding drugs or other contraband. Strip searches are generally a more invasive technique when compared to a regular pat-down search.
An example of this would be how strip searches may involve a wide range of police actions, such as:
- Requesting that a suspect remove all articles of clothing or accessories from their physical body;
- Probing a person’s body parts, cavities, and creases, such as under a flap of skin;
- Applying electronic body scanners, similar to an x-ray or the machines used during airport security checks; and
- Conducting a partial strip search in which a person will be asked to remove only certain items, such as their shoes, socks, coat, sweatshirt, belt, metal objects, or simply to untuck a bulky shirt.
When a strip search or type of invasive search occurs, the suspect may feel as if their personal privacy has been violated. Additionally, people frequently experience a sense of shame or humiliation during the process, or after the strip search is complete. Because of its highly personal nature, a strip search must be supported by reasonable suspicion before law enforcement can legally perform one.
In this context, the term “reasonable suspicion” means that the police must reasonably suspect that a person is engaged in some form of crime that requires them to be strip searched. An example of this would be hiding illegal drugs.
Body cavity searches are defined as searches that involve a visual or manual inspection of the openings, cavities, and orifices of the human body. Each state has different laws governing body cavity searches, but they are generally considered to be much more intrusive than strip searches or other types of police searches.
The agent may use a flashlight in order to inspect areas of the body that are generally concealed from plain sight. They may also view openings of the body, such as in the ears, nostrils, or rectum. Manual body searches are more invasive than visual body searches, and may involve inspection using touch, insertion, and/or probing, as well as the use of medical detecting devices.
When Is A Body Cavity Search Considered To Be Intrusive?
There are many ways in which a body cavity search is considered to be intrusive:
- Violation of Privacy Rights: Police generally need a search warrant in order to conduct a body cavity search. Every person has a “reasonable expectation of privacy” in terms of their own body; as such, the police’s suspicion must surpass this privacy expectation. It is imperative to note that some instances do not require a search warrant, such as a search at an international border;
- Incorrect Application of Procedure: The search must employ only those procedures which are considered to be absolutely necessary to accomplish the goals of the search. A common example of this would be when a manual inspection has occurred, but only a visual search would have been sufficient. Violations of sanitation standards are also prohibited;
- Location of the Search: The search must occur in a place that is not visible to the public; the search cannot be visible to anyone who is not essential for the conducting of the body cavity search, even if they are authorized agents. The only people who are viewing the search should be those who are needed to conduct the search; and/or
- Less Invasive Means: Regardless of the type of body cavity search involved, a body cavity search is considered to be especially intrusive if it is performed when there is a less invasive means of search available, such as an x-ray procedure.
If a body cavity search is found to be overly-intrusive, the evidence that was obtained from that search will likely be excluded from a criminal trial. To reiterate, body cavity search laws require the authorities to adhere to strict standards, and to use alternative search methods whenever available.
What Are Inmate Rights? Are Inmate Body Cavity Searches Legal?
The rights of prisoners are rights that a person has while incarcerated, as incarcerated individuals still have basic rights that cannot be violated. These include civil liberties and fundamental rights that all Americans are afforded. When an inmate’s rights are violated, it is generally a result of police or prison staff misconduct.
It has been recognized that there is a need for greater transparency and accountability for prison guards, especially in private prisons. Because the Supreme Court ruled that prison overcrowding violates the inmates’ Eighth Amendment protection against cruel and unusual punishments, the government began using private prisons to house inmates as well.
Government prisons are subject to the Freedom of Information Act (“FOIA”); pursuant to the FOIA, a person can request records about a prison that is owned and operated by the government, so long as the request is properly submitted and does not fall into any listed exemptions.
Private prisons, however, are not required to and do not respond to FOIA requests. The argument is that private prisons are private corporations and as such, they are not subject to the FOIA. This causes issues with prison transparency, such as:
- Budget issues;
- Prisoner demographics; and
- The care and treatment of those incarcerated in a private prison.
Overcrowded prisons are also chronically understaffed, resulting in issues such as those associated with prison guard accountability and lack of leadership.
Strip searches or visual body cavity searches are generally considered to be standard procedure when a person is being admitted for the first time into a jail or prison search. Rolled-up money, letters, and correspondences are examples of what is commonly found during such procedural body cavity searches. Most state statutes authorize correctional facilities to enforce these preliminary body searches. As such, body cavity searches are largely considered to be legal, and do not violate inmate rights.
However, to reiterate, the authorities must have a certain level of suspicion of illegal activity before they can require an inmate to submit to an intrusive body cavity search. The search must also be conducted according to various standards and regulations in order for it to be considered legal, such as:
- Inmate privacy;
- In compliance with medical sanitation regulations; and
- No more intrusive than is necessary to accomplish the goal of the search.
What If An Inmate’s Rights Are Violated?
Violations of prisoner rights can result in further legal issues. An example of this would be how if an inmate was harassed or injured during a body cavity search, the prison or the person conducting the cavity search may be held legally responsible for resulting injuries or damages.
When a police officer has violated a person’s rights, or has engaged in criminal conduct of which a person is the victim, the process is as follows:
- File a complaint with the police department, or with the internal affairs division of the police department where the officer is employed. It is generally required that a person exhaust all administrative remedies before bringing a lawsuit;
- After reporting to the police department, report the misconduct to the U.S. Department of Justice or the office of the U.S. Attorney; and
- After the violations have been reported to the police department and/or the U.S. Attorney’s office, proceed to filing a lawsuit in court against the police department and/or their officers.
It is important to note that in a civil lawsuit, it is the claimant who has the burden of proving that the officer engaged in misconduct. One associated issue would be whether to file suit in state or federal court. As such, a person with a claim against the police for misconduct should consult with an experienced criminal defense attorney.
Do I Need A Lawyer For Help With Inmate Body Cavity Search Laws?
Body cavity searches must be conducted in accordance with strict regulations. You should hire a criminal defense lawyer if you or a loved one has had their rights violated by a body cavity search.
An experienced criminal defense attorney can help you understand your legal rights and options, and will also be able to represent you in court, as needed.
