Strip searches can be humiliating and can intrude upon basic human dignity. Everyone, including detainees, has certain rights related to strip searches. Some state laws require law enforcement to obtain written authorization to conduct a strip search. A strip search can be both invasive and distressing.
A person’s constitutional rights do not end once law enforcement places them under arrest. These rights include a right to privacy and protection against unreasonable searches. But, some individuals have less protection from government searches. For example, inmates in correctional facilities may have a reduced expectation of privacy.
In certain situations, corrections officers may intrude more heavily on a prisoner’s rights than on a non-prisoner’s. One such intrusion is a strip search. Law enforcement officers perform these searches to uncover concealed objects. Government officials can generally strip search someone if the search is related to limited, reasonable objectives.
The Fourth Amendment to the U.S. Constitution protects people against unreasonable governmental searches. In criminal law, Fourth Amendment protections apply in the following situations: 1) Following a police officer’s arrest or “seizure” of a person, often during a stop or arrest and/or 2) Law enforcement’s search of places or belongings in which a person has a reasonable expectation of privacy
Generally, law enforcement officials must have probable cause to conduct a reasonable search. Additionally, a search is presumptively unlawful if law enforcement does not obtain a valid search warrant. But what if a person does not have a reasonable expectation of privacy in their person, place, or belongings? In that case, law enforcement does not need probable cause to search.
Strip searches do not require police officers to show probable cause. Instead, if a police officer has a reasonable suspicion the suspect is concealing a weapon or contraband, they can perform a strip search. Typically, law enforcement must conduct these searches at a police station, jail, or prison. Thus, police may perform a strip search if they believe you are hiding the following under your clothes
Generally, a strip search involves law enforcement officials requiring the suspect to undress to reveal concealed objects. A strip search can include visual body cavity searches or just a visual inspection of a person’s body for scars or tattoos.
Federal circuit courts have discussed what actions constitute a strip search. For example, in Doan v. Watson (2001), the court determined that law enforcement’s observation of inmates showering was a strip search. Moreover, in Safford Unified School District v. Redding (2009), school officials required a female student to strip her undergarments. The court concluded that the search constituted a strip search.
Correctional officers have more leeway to order a strip search in a county jail or prison. They can perform a strip search if the search is related to reasonable objectives, such as safety. The Supreme Court concluded that unique concerns of safety and security in jails allow law enforcement this ability.
These searches sometimes occur when law enforcement charges the arrestee with a minor offense. Police can perform strip searches without the factors that would give rise to a suspicion that the arrestee possessed concealed contraband.
If you or a loved one is in a bind as a result of driving offense, immediately contact a Seattle Criminal Attorney. A Traffic lawyer is not going to judge you and understands that everyone makes mistakes. Hiring a Seattle Criminal Lawyer to help can – at a minimum – reduce penalties and can help direct people on how to best deal with their traffic charge, and many times even get them dismissed. So, it should go without saying that someone cited for a traffic offense, misdemeanor or felony should hire a qualified Seattle Traffic Lawyer as soon as possible. Infraction and criminal charges can cause havoc on a person’s personal and professional life. Anyone cited or charged with an infraction or a crime in Washington State should immediately seek the assistance of a seasoned Seattle Traffic Lawyer. SQ Attorneys can be reached at (425) 359-3791 and/or (206) 441-0900.
