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D.Minn.: Civilly committed inmates can be strip searched after visitation

By John Wesley Hall, Jr.

Civilly committed inmates have only limited Fourth Amendment rights, but, here, strip [not body cavity] searches after visits are reasonable. Pat downs after using the gym are also reasonable. Semler v. Ludeman, 2009 U.S. Dist. LEXIS 122567 (D. Minn. November 23, 2009): The Eighth Circuit has held that involuntarily civilly committed persons retain the Fourth Amendment right to be free from unreasonable searches, analogous to the right retained by pretrial detainees. Serna v. Goodno, 567 F.3d 944, 948 (8th Cir. 2009) [posted here]. Elaborating on the grounds for applying the standard for pretrial detainees set forth in Bell, 441 U.S. at 520, the Eighth Circuit noted that pretrial detainees are kept in custody because there is cause to believe they are dangerous; similarly, commitment under Minnesota law as a sexually dangerous person requires a finding of dangerousness...continue to full post

Full post as published by Fourth Amendment on January 12, 2010 (boomark / email).