A strip search is a procedure used by the police, commonly used to find drugs or other contraband.
Strip searches usually entail a more invasive technique when likened to that of a regular pat-down search. For example, strip searches may concern a wide range of police actions, such as:
- Requesting that a suspect remove all articles of clothing or accessories from their physical body;
- Probing (or searching) a person’s body parts, cavities, and creases (like under a flap of skin);
- Applying electronic body scanners, which reveal a person’s entire body (similar to an x-ray or the machines used during airport security checks); and
- Conducting a partial strip search, where a person will be requested to remove only specific items, such as their shoes, socks, coat, sweatshirt, belt, metal objects (e.g., jewelry), or to untuck a bulky shirt.
When a strip search happens, the suspect may feel that their personal privacy has been overstepped. Many individuals also frequently experience a sense of embarrassment or shame during the procedure or after the strip search is done. Therefore, a strip search must be backed by reasonable suspicion before law enforcement can conduct one due to its personal nature.
In this context, the phrase “reasonable suspicion” means that the police must reasonably suspect that a person is immersed in some form of crime (e.g., hiding illegal drugs) that directs them to be strip-searched.
Are Strip Searches Legal?
Although the Fourth Amendment to the U.S. Constitution declares that a person “has a right to be free from unreasonable searches,” the laws expressly governing strip searches are rather unclear and may deviate from state to state.
In general, a strip search is usually thought to be illegal when any of the following events transpire:
- The police conduct the strip search without having reasonable suspicion of criminal activity;
- When a search is performed by a law enforcement officer of the opposite sex;
- The search is carried out in the company of other persons (i.e., not police officers) of the opposite sex;
- If the search is done in a way that reveals the person’s body to the public; and
- The search is administered in a degrading, insulting, offensive, or overly intrusive manner.
Some courts have raised concerns over whether a strip search can be used against individuals who have not yet been charged with a crime. Many jurisdictions have ruled that it is wrong to strip search an individual if they have not been legally arrested for a crime.
This approach is especially true if the strip search is unrelated to the criminal activity involved. For instance, it is usually improper for the police to conduct a strip search when ticketing a person for a simple traffic violation.
What are “Blanket” Strip Search Policies?
Policies for “blanket” strip searches have motivated multiple lawsuits against certain institutions, such as jails, prisons, and hospitals. A “blanket” policy refers to when one of the above facilities performs a strip search on any individual being admitted to the area, regardless of their criminal history.
Some courts have formerly held that a strip search is exclusively allowed when the authorities have an “individualized” suspicion of criminal activity. For instance, permitting the police to conduct a strip search on only those inmates they suspect are smuggling drugs or other illegal items.
An individual who has experienced a strip search may want to confer with a criminal defense lawyer about the incident because it might have been conducted unlawfully or for unacceptable reasons. Many individuals have had success in past lawsuits based on unconstitutional strip searches.
What is a Strip Search Scam?
Strip search scams have become increasingly standard over the past decade. A strip search scam is a method where a person perpetrates the crime of fraud by posing as a law enforcement officer. They will then direct a fake stop or arrest of another person and subject them to a strip search.
In the past, extremely unscrupulous individuals have taken advantage of this type of fraudulent technique, some of whom are sex offenders.
Accordingly, if law enforcement asks that a person submits to a strip search wherein something about the circumstances seems reasonably inappropriate, the individual might want to ask the officer to verify that they are a legitimate police officer before they perform the search. Individuals may ask, “Can I please see your badge?”).
To lighten such a challenging position, additionally, the individual may want to voice their apprehensions over such strip search scams. They may also request that another police officer be present during the search if possible.
A good sign of when something about the circumstances may be off is if the strip search is conducted in a remote area with no witnesses or other law enforcement personnel present. This could potentially be a cue that the search being done is not lawful and is, in fact, the result of a strip search scam.
Strip Searches in Jail
In many cases, these intrusions involve strip searches or body cavity searches of arrestees. These examinations are highly intrusive, but jails and prisons regularly carry them out to prevent the smuggling of drugs, weapons, or other contraband. These kinds of searches sometimes even transpire when the arrestee has not been charged with a violent crime. Jail strip searches can be performed without factors that would give rise to a suspicion that the arrestee possessed concealed contraband.
For instance, a person could find themselves arrested over a warrant for a traffic infraction and subjected to a strip or body cavity probe upon arrival at the jailhouse. This can be true even though nothing about their case would lead police to believe they had anything harmful or prohibited on their person.
Inmate Strip Searches
The Supreme Court ruled in Florence v. Board of Chosen Freeholders of County of Burlington that the technique of conducting strip searches on all inmates, regardless of an individualized suspicion or the severity of the underlying offense, does not constitute an unreasonable search. The Court ruled that strip searches on inmates do not violate the Fourth Amendment.
In a 5-4 decision divided down ideological lines, the Court decided that penal institutions undeniably need to preserve protection and order within their facilities. According to the Court, any condition that would force penal institutions to exclude individuals from searches when there was no specific reason to presume that the individual was concealing contraband would sabotage the institution’s interest in protecting its staff and inmates.
Because of this judgment, jails and prisons can now strip search new inmates upon arrival at the facility as long as the search is connected to the facility’s necessity to maintain security and order. An individual could go through a strip search after an arrest even if the arrest warrant was administered in error, as was the case for the plaintiff in Florence.
Do I Need to Hire a Lawyer for Issues Involving a Strip Search?
A strip search is deemed one of the most invasive forms of police procedures. They should only be performed when necessary. Therefore, if you feel that your rights have been infringed while undergoing a strip search, then you should consider contacting a local criminal defense attorney immediately.
An experienced criminal defense lawyer can assist you in analyzing the incident. If the situation warrants it, your attorney can also help you file a lawsuit and provide representation in court if necessary.
