Strip Searches Without Cause Upheld by Supreme Court
by
Wendy M. Musielak on Oct. 16, 2014
Criminal Employment Sexual Harassment Criminal Felony
Summary: Various freedoms, this country is also known for many levels of protections from government overreach. Unfortunately, one of the basic levels of protection has been challenged by a recent Supreme Court ruling.
Many pride themselves on the liberties that go along with citizenship in the United States. In addition to various freedoms, this country is also known for many levels of protections from government overreach. Unfortunately, one of the basic levels of protection has been challenged by a recent Supreme Court ruling.
A case was brought by a financial executive who was falsely imprisoned for an outstanding fine that has already been paid. The issue: for no apparent reason, the man was forced to remove all his clothing and expose intimate areas in a strip search prior to admittance into jail.
Ultimately, the court ruled in favor of the enforcement officials. The ruling insists that officials may strip search arrestees without cause prior to incarceration and regardless of what the criminal charges against them may be.
Details of the Supreme Court Ruling
The ruling does not require strip searches but holds that they do not violate the Fourth Amendment's protections against unreasonable searches. The justices in the majority insist that they are in no position to second guess correctional officials who must ensure that weapons and drugs are not smuggled into jail cells. They also state that they cannot properly weigh situational concerns about public health and information about gang affiliations.
However, the decision goes directly against statutes in ten states, federal policies and international human rights treaties. Even prior decisions in federal appeals courts have generally prohibited strip searches unless reasonable suspicion supports the possibility of the presence of contraband.
A Problematic Ruling
The Supreme Court ruling is broad and sweeping. It does not apply simply to suspected violent criminals, but also to individuals who have violated leash laws or have driven without a license. In fact, this law even extends to religious officials. Recently a nun was strip searched after she was arrested for trespassing during an antiwar demonstration.
Civil rights leaders insist that this movement away from individual constitutional rights against unreasonable search jeopardizes the rights of millions arrested every year. The right against unreasonable searches is fundamental and should be strengthened by the courts, not diminished.
If you or a loved one has been arrested and is concerned that your constitutional rights may have been violated, it is important to contact an experienced criminal defense attorney to explore your legal options and ensure your rights are protected.
