NCJ Number
166700
Journal
American Jails Volume: 10 Issue: 5 Dated: (November/December 1996) Pages: 39-42
Date Published
1996
Length
4 pages
Annotation
Based on an analysis of case law, this article presents a new strip search paradigm for jails.
Abstract
The U.S. Sixth Circuit Court's case law designates "reasonable suspicion" as the measure for strip search justification. Under the proposed paradigm, a strip search is defined as "the observation of an unclothed person for the purpose of determining the presence of a weapon, drugs, or other item of contraband." The purpose of the search is to prevent the introduction of such items into the correctional facility, so as to protect the public, staff, and inmates. The strip search should only be conducted when there is reasonable suspicion that a particular person is concealing those items that pose a security risk. Reasonable suspicion involves the existence of objective information that could predict the likelihood of the presence of the targeted items. The paradigm uses a "decision tree" that provides staff the grounds for a decision regarding a strip search. The decision tree focuses on current charges that indicate high risk; criminal conviction history that indicates high risk; institutional behavior, current or historical, that shows a high risk; opportunity for access to contraband through potential contact with the public; and opportunity for planned entry of contraband upon return to custody from the community. Each of these five areas is a decision point on the tree, with sub-elements that serve to further define and focus the category.