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Supreme Court Ruling Allows Strip Searches for Any Arrest
Key Excerpts from Article on Website of New York Times
Posted: April 11th, 2012
http://www.nytimes.com/2012/04/03/us/justices-approve-strip-...
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 courts conservative wing, wrote that courts are in no position to second-guess the judgments of correctional officials. The procedures endorsed by the majority are forbidden by statute in at least 10 states. According to a supporting brief filed by the American Bar Association, international human rights treaties also ban the procedures. Justice Stephen G. Breyer, writing for the four dissenters, said the strip searches the majority allowed were a serious affront to human dignity and to individual privacy and should be used only when there was good reason to do so. Justice Breyer said that the Fourth Amendment should be understood to bar strip searches of people arrested for minor offenses not involving drugs or violence, unless officials had a reasonable suspicion that they were carrying contraband. People have been subjected to the humiliation of a visual strip search after being arrested for driving with a noisy muffler, failing to use a turn signal and riding a bicycle without an audible bell. A nun was strip-searched ... after an arrest for trespassing during an antiwar demonstration. In a study of 23,000 people admitted to a correctional facility in Orange County, N.Y., using that standard, there was at most one instance of contraband detected that would not otherwise have been found.
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