CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, March 31, 2005

Judge Orders County to Stop Strip Searches

From  "An upstate New York county has been ordered to suspend a policy in which all detainees, including those arrested on misdemeanor and traffic charges, are required to strip naked in front of a corrections officer.  Northern District Judge David N. Hurd temporarily enjoined Montgomery County from enforcing its security policy and also granted class action status to plaintiffs alleging violations of their Fourth Amendment right against unreasonable searches and seizures. In a decision dated Friday, Hurd said the plaintiffs have demonstrated a substantial likelihood of success on the merits" and are therefore entitled to preliminary injunctive relief. Montgomery County, as a matter of jail policy, requires everyone admitted to the jail to strip in view of an officer of the same sex. The county had claimed that since officials were merely observing detainees and not performing body cavity examinations they were not conducting a search within the meaning of the Fourth Amendment. But Hurd found the argument "one of semantics" and inconsistent with 2nd Circuit precedent."  Story . . .  [Mark Godsey]

Search and Seizure | Permalink

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