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Criminal Law

: Fourth Amendment

Strip searches of inmates moved within a jail are not unreasonable, without regard to the gravity of the crime

By John Wesley Hall, Jr.

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Strip searches of inmates moving from one part of the jail to another without regard to what the inmate is in for do not violate the Fourth Amendment. Jackson v. Herrington, 2008 U.S. Dist. LEXIS 34677 (W.D. Ky. April 28, 2008): Finally, in Sutton v. Hopkins County, this Court held that a detention center's policy of strip-searching all transferred detainees was constitutional because it was reasonable under the circumstances. 2007 U.S. Dist. LEXIS 3150. Specifically, the Court observed: A detainee who has been incarcerated in another facility has potentially been exposed to contraband, especially if the facility has lenient procedures with respect to court appearances, contact visits, medical programs, and work programs. Additionally, just as in Richerson, detainees that are transported from one facility to another are transported through areas to which the public may have access...continue to full post

Full post as published by Fourth Amendment on May 02, 2008 (boomark / email).

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