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Strip Search
Authorities in most U.S. prison systems force inmates to submit to strip searches when they arrive at correctional facilities and when they return from contact visits, or from being transported to or from court. Some even insist on this procedure when prisoners move from one section of a penal institution to another. Most institutions also require inmates to strip for full body searches when officials “shake down” their cells for contraband. During such searches, inmates are made to remove their clothing, bend over, spread their buttocks, and expose their genitals. Officers may also look into their ears, mouth, hair, and underarms. Officers, wearing plastic gloves, may inspect any body cavity when suspecting the concealment of contraband. Uncircumcised inmates may also be asked to peel back the foreskins on their penises for inspection.
For obvious reasons, strip searches can be used for purely vindictive or punitive reasons, and correction officials around the country have been accused of using them to humiliate, demean, or violate the personal privacy and modesty of inmates. Recent research suggests that strip searches are overutilized in many prisons and jails and that their use makes little difference to the levels of contraband that end up inside correctional facilities. Despite this evidence and adverse legal judgments, corrections administrators persist in requiring strip searches on a general and systematic scale.
Are Strip Searches Constitutional?
State and federal courts have diverged widely on the constitutionality of prison strip searches and body cavity searches. The U.S. Supreme Court, in Bell v. Wolfish (1979), upheld by a split decision the use of strip and body cavity searches to preserve institutional security among inmates charged with or sentenced for serious crimes. The Court placed some limitations on strip searches, however, stating that individuals charged with minor offenses (i.e., misdemeanors and some nonviolent felonies) cannot be strip searched unless officers have reasonable suspicion that they are concealing contraband.
The rules laid down in Bell v. Wolfish, rather than settling the law, have generated an immense stream of litigation since 1979. Inmates have sued for being searched by officers of the opposite sex; for being searched in an offhanded, unprofessional, or derogatory manner; and being subjected to full body examinations before and after visiting with lawyers and clergy. State high courts and federal circuit courts have ruled in different and sometimes conflicting ways. Nonetheless, jurisprudence in most jurisdictions clearly prohibits or disfavors strip searches by female officers of male inmates when male officers are present and strip searches of female inmates by male officers under most circumstances. Similarly, strip searches in the presence of more than two officers or in the presence of other inmates, visitors, or staff are disallowed, and those conducted under unprofessional, disrespectful, or demeaning circumstances are also restricted.
Strip Searches in Jails
Federal courts have laid down slightly different rules for jails and prisons, in part because the Due Process Clause of the U.S. Constitution protects pretrial detainees from being punished prior to conviction. Jails and pretrial detention centers also house inmates charged with minor crimes who have little motivation to smuggle contraband or conceal weapons on their persons. The U.S. Supreme Court's decision in Bell v. Wolfish—which continues to define the constitutionality of unclothed examinations—established greater protections for inmates charged with minor offenses. Only when such inmates are reasonably suspected of concealing contraband on their bodies can jail officials force them to undergo strip or body cavity searches.
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