Justices Approve Strip-Searches for Any Arrest

Adam Liptak, correspondent for the NY Times wrote on April 2, 2012:

WASHINGTON — The Supreme Court on Monday ruled by a 5-to-4 vote that officials may strip-search people arrested for any offense, however minor, before admitting them to jails even if the officials have no reason to suspect the presence of contraband.

Justice Anthony M. Kennedy, joined by the court’s conservative wing, wrote that courts are in no position to second-guess the judgments of correctional officials who must consider not only the possibility of smuggled weapons and drugs, but also public health and information about gang affiliations.

“Every detainee who will be admitted to the general population may be required to undergo a close visual inspection while undressed,” Justice Kennedy wrote, adding that about 13 million people are admitted each year to the nation’s jails.

The procedures endorsed by the majority are forbidden by statute in at least 10 states and are at odds with the policies of federal authorities. According to a supporting brief filed by the American Bar Association, international human rights treaties also ban the procedures.

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Being arrested is no picnic, and dealing with an arrest without an attorney can have serious consequences.  The Lawyer Referral Service of the New Hampshire Bar Association can connect you with an attorney  skilled with handling criminal matters.   All attorneys must meet specific education and experience criteria before receiving referrals from LRS in felony criminal matters.  Call LRS at 603-229-0002 or request an online referral.

Is a Drug Dog’s Sniff a Warrantless Search?

The United States Supreme Court agreed to hear a Florida case challenging the constitutionality of using a drug-sniffing dog in a warrantless search outside a home suspected of being a marijuana grow house.

As reported in the Huffington Post:

“The case, Florida v. Jardines, comes up from the state Supreme Court, which ruled that Franky the narcotics dog’s outside odor detection was “a substantial government intrusion into the sanctity of the home and constitutes a ‘search’ within the meaning of the Fourth Amendment.” Florida’s high court pointed to a 2001 U.S. Supreme Court opinion, written by Justice Antonin Scalia, that found police use of a thermo-imaging device to detect tell-tale heat emanating from a suspected grow house violated the Fourth Amendment’s ban on unreasonable searches.”

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If you believe your constitutional rights have been violated, the Lawyer Referral Service of the NH Bar Association can refer you to competent attorneys who have experience handling constitutional law issues.  Call 603-229-0002 for a referral or submit the online request form.