The slip opinion can be accessed from the United States Supreme Court webpage. I wanted to pull this as it will be an accurate report of the court's decision instead of what a news media chooses to publish.
It is my opinion that the court decided unwisely.
First of all, it is important to recognize that in this case the "strip search" was visual only. There were no fingers up the butt or flashlights shoved down the person's throat. They were required to undress prior to taking a mandatory shower. At that time the prisoners (multiple) were instructed to display specific parts of their body in a manner that allowed the guard to visually (no touching of the prisoner) inspect exposed and hidden parts of the prisoner's body. The term "strip search" may conjure up mental images of guards with lubed up gloves. That is not what happened in this instance.
Second, I was curious as to the purpose of viewing the naked body of the prisoners. Starting at Page 3 of the slip opinion states that the guards are looking for multiple things
1. Body markings. This include tattoos, scars and gang membership markings. Information on these are collected and added to the prisoner's identification file. In some cases, information on gang membership may be used for other purposes.
2. Wounds and signs of disease. Later in the slip opinion, it was remarked that from a medical safety standpoint it is important to find out if the prisoner is wounded or whether they have a possible communicative disease.
3. Contraband. Prison officials need to find out whether a prisoner is attempting to smuggle in any type of contraband. While they are showering, the prisoner's clothing is fully searched. The body of the prisoner is also visually (no touching) to see if contraband is attached or inserted in to the prisoner's body.
This was interesting as when I first read about this story, I thought the only reason for searching the naked body of a prisoner was solely to find contraband. It appears that there are other legitimate reasons.
Then there is the issue of searching "major crime" prisoners and not searching "minor crime" prisoners. Even in the majority opinion section of the slip opinion, there were concerns.
At the time of the search, the prison officials may not know what crimes the prisoner has been accused of. Actually even the DA may not know all the crimes at that time. It is not uncommon for people to be initially arrested for something minor and then have further charges added.
Suppose I get arrested for trying to out run the cops when I had a broken tail light. I am arrested for a relatively minor crime and under the new procedures I am not searched. While in jail, the police find evidence that I am a most violent mass murder child molester (add other major crimes). What are the guards going to do? Search me at this time (now that my status has changed from minor baddie to major baddie)? Far too late as I have already delivered my contraband and/or infected the other prisoners.
Unless one can guarantee that all charges are identified at the time of the arrest, the guards can't go back in time to search someone that later needed to be searched. Horses and locked barn doors being what they are.
If it turns out that the rules have been changed and minor offense prisoners are not searched, won't this open up a venue for smuggling in contraband?
Then there is the issue of the deterrence value of these search protocols. On page 7 of the Slip Opinion
Quote:
The Court has also recognized that deterring the possession of contraband depends in part on the ability to conduct searches without predictable exceptions. In Hudson
v. Palmer, 468 U. S. 517 (1984), it addressed the question of whether prison officials could perform random searches of inmate lockers and cells even without reason to suspect a particular individual of concealing a prohibited item. Id., at 522–523. The Court upheld the constitutionality of the practice, recognizing that “‘[f]or one to advocate that prison searches must be conducted only pursuant to an enunciated general policy or when suspicion is directed at a particular inmate is to ignore the realities of prison operation.’”
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If the prison population knows that the searches are not always conducted or are only conducted according to a patter, it is possible that this could be used to circumvent the security protocols of the prison. The medical concerns need to be considered.
Way down at the end of the Slip Opinion is Justice Alito's concurring statement:
Quote:
I join the opinion of the Court but emphasize the limits of today’s holding. The Court holds that jail administrators may require all arrestees who are committed to the general population of a jail to undergo visual strip searches not involving physical contact by corrections officers. To perform the searches, officers may direct the arrestees to disrobe, shower, and submit to a visual inspection. As part of the inspection, the arrestees may be required to manipulate their bodies.
Undergoing such an inspection is undoubtedly humiliating and deeply offensive to many, but there are reason- able grounds for strip searching arrestees before they are admitted to the general population of a jail. As the Court explains, there is a serious danger that some detainees will attempt to smuggle weapons, drugs, or other contraband into the jail. Some detainees may have lice, which can easily spread to others in the facility, and some detainees may have diseases or injuries for which the jailis required to provide medical treatment. In addition, if a detainee with gang-related tattoos is inadvertently housed with detainees from a rival gang, violence may ensue.
Petitioner and the dissent would permit corrections officers to conduct the visual strip search at issue here only if the officers have a reasonable basis for thinking that a particular arrestee may present a danger to other detainees or members of the jail staff. But as the Court explains, corrections officers are often in a very poor position to make such a determination, and the threat to the health and safety of detainees and staff, should the officers miscalculate, is simply too great.
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Justice Alito also wrote
Quote:
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It is important to note, however, that the Court does not hold that it is always [Alito's emphasis] reasonable to conduct a full strip search of an arrestee whose detention has not been reviewed by a judicial officer and who could be held in available facilities apart from the general population.
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My opinion:
If a prisoner accused of a minor crime can be housed in separate facilities or even released from custody on bond, there is no need for a naked search.
However, if circumstances dictate that the prisoner accused of a minor crime will be housed either in general population or in a circumstance where he or she will have contact with the general population, then I believe that they need to be processed like any other prisoner in general population. This is not only for contraband but also for the medical and identification purposes listed above.