Law review articles discuss the constitutionality of strip searches and purely legal frameworks without considering the individual experiences and reactions of detainees who are searched. Strip searches often cause humiliation, embarrassment, and discomfort no matter how professionally and privately conducted (Babbar 1745). The constitution in the Fourth Amendment protects individuals from unreasonable searches, which means that the right of the people to be protected in their persons, houses, and papers against unreasonable searches and seizures must not be violated.
The Supreme Court, however, in Florence v. Board of Chosen Freeholders of County of Burlington, ruled that doing strip searches on all prisoners is not unreasonable and does not violate the Fourth Amendment, regardless of any individual suspicions about them or the severity of their underlying violation (Babbar 1745). Because of this ruling, inmates can be strip-searched by jails and prisons on arrival at a facility if the search is necessary to maintain the facility’s safety and order. A split decision of 5-4 supported the need for penial facilities to maintain security and order and further stated any requirement that would force penal institutions to exclude persons from searches. No specific reason to suspect them of hiding contraband would undermine the institution’s interest in protecting its inmates and staff.
The law enforcement centre has provided guidelines to be used by penal facilities when making policies on strip searches. Conditions for strip searches are that strip searches should always remain visual and not include touching a person’s body in any way (Babbar 1746). The searches should be conducted by authorized people only with specific training on strip searches while being hygienic and using protective equipment. The privacy issue should be addressed; some policies even include a neutral party during the search. Repercussions are not likely to be faced by an agency doing strip searches and are only applicable when the strip searches have been done with discrimination or in a way that does not uphold individual rights.
Work Cited
Babbar, Meher. “The Fourth Amendment Stripped Bare: Substantiating Prisoners’ Reasonable Right to Bodily Privacy.” Nw. UL Rev. vol. 115, no. 6, 2020, pp. 1745-1747.