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Strip searches in jail, legal or illegal?

Posted: Mar 2, 2010 10:00 PM
Updated: Mar 2, 2010 10:00 PM


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A recent ruling by the Ninth Circuit Court of Appeals regarding strip searches may have an impact here in Pima County.

In February, the court that ruled it was unconstitutional to strip search. Now it has reversed its decision, ruling that San Francisco corrections officers did not violate inmates' constitutional rights by doing a strip search.

There is currently a civil law suit against Pima County Sheriff Clarence Dupnik for violations of civil and constitutional rights.

According to court documents, some inmates claim they were strip searched without there being any reasonable suspicion they were concealing contraband.

Lt. Sean Stewart is head of Security Services for the Pima County Jail. He says "If we gain reasonable suspicion that they may have something or we feel something on that pat search, or they've brought contraband into our facility in the past we will then upgrade to a more extensive search whether it be a strip search or body cavity."

Lt. Stewart says that's how they found heroin, ectasy, marijuana. All of it contained in two plastic bottles hidden in a body cavity of an inmate going into a housing unit.
He believes the latest ruling by the court of appeals will help them conduct a more thorough search on inmates than before.
"We believe we will be able to blanket strip search these people to ensure they don't have anything that will harm other inmates, staff, themselves."

Sacramento attorney Mark Merin is handling the law suit against Pima County.He says the recent ruling won't affect this case.
Merin claims everyone entering the jail is strip searched, which he says is unconstitutional.

Depositions in the Pima County case are scheduled for March 5th.

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