NCJ Number
125086
Journal
Crime to Court: Police Officer's Handbook Dated: (March 1990) Pages: 5-13
Date Published
1990
Length
9 pages
Annotation
The case, Kennedy v. Los Angeles, involves discussion on body-cavity strip searches for persons detained for felony offenses.
Abstract
Two Los Angeles police officers arrested Karen Kennedy, the defendant, for grand theft, a felony, and subsequently had her strip searched. Kennedy brought a civil rights action and won the case, determining that her rights were violated. The jury also determined that the two officers were not entitled to qualified immunity and had violated Kennedy's constitutional rights when they arrested her. On appeal, the officers contended that probable cause to arrest was established as a matter of law and that they were entitled to qualified immunity as a matter of law. Since Kennedy was involved in a neighborhood dispute which resulted in her arrest, the decision that probable cause was not established was affirmed. The Los Angeles Police Department policy requiring all those who are arrested on suspicion of having committed a felony to be subjected to a body-cavity search was found to have violated the defendant's rights. The court cautioned that the needs of the prison must be balanced against personal rights; the search must be reasonable in the circumstances; the nature of the offense charged is one factor to be considered; and grand theft in this case does not justify search.