Is Strip Search a Must?

The U.S. Supreme Court might again look into strip searches in jails due to privacy concerns. Reports have surfaced that even those arrested on minor charges are being forced to strip and shower while jail guards watch. The reason given for implementing this policy is that there are prisoners who hide weapons or drugs on (or in) their bodies. However, there is no clarification on whether Justices need first to decide that there is really a cause to suspect such actions. In its present state, the law requires everyone to undergo a strip search before entering the general jail population.

People are asking about which should come first – privacy rights of people in jail or, the need to ensure safety by authorities. A lawyer stood firm by saying that the court should give a definition of what constitutes privacy intrusion. This is particularly true when there is no reason to believe that a prisoner is hiding anything.

A car dealer who was arrested when he failed to pay fines asked for legal assistance. He said that jail guards forced him to strip naked two times. He added that they told him to open his mouth and lift his genitals while they watched. To check if he was hiding something inside his body, he was made to bend over and cough.

Privacy advocates are questioning the rationale for the searches, which are primarily to deter smuggling. A justice official said that current studies show that most contraband that get into jails and prisons are brought in through the guards. If this is true, then there is no urgent reason why strip searches should be handled as invasively as they are now done. The question of “routine” strip searches following visits is not new. This was ruled on by the court more than 30 years ago.

Another aspect of the hearings that needs to be corrected is the process of questioning. It should focus less on how close guards can get to naked inmates, which is how the questioning is being conducted at present. Justices allegedly give more attention to this detail rather than on the specific case at hand. Also, there should be a clear difference defined between major and minor cases. Past records show that there were people being arrested for minor offenses while they were high on drugs. These cases need to be dealt with differently, as there is a need for closer searches than the usual.

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