Arizona Department Of Corrections Inmate Search

Did jail strip search go too far? Supreme Court lets ruling stand.

At issue was a 2004 search of Charles Byrd , a pretrial detainee, at a minimum security jail in Phoenix.

Mr. Byrd was one of 90 detainees ordered to submit to a unit-wide search for contraband and weapons. Byrd was told to remove his clothing except his boxer shorts, which were described as pink and comprised of very thin, revealing material. The searches took place four to six at a time. Some were conducted by cadets from the detention officer training academy. Present during the searches were an estimated 25 cadets, a number of training supervisors, and 10 to 15 uniformed guards. The procedure was also videotaped.

Byrd said in his lawsuit that he should not be subject to such an intrusive search by a female guard. He also charged that the female guard – later identified as Cadet Kathleen O’Connell – squeezed his genitals and kneaded his buttocks during the search.

Unlike a standard strip search, which involves visual inspection of the naked body, Byrd’s search was a cross between a pat-down search and a strip search. Rather than a visual inspection, Byrd’s search relied on the sense of touch to identify concealed weapons or contraband.

The cadet ran her hands over parts of Byrd’s body, including the most private parts of his body. The cadet estimated the search took 10 to 20 seconds; Byrd says it was closer to 60 seconds.

No weapons or contraband were found. But the experience left Byrd feeling humiliated.

A federal judge threw out portions of his lawsuit but allowed a jury to decide whether the incident was an unreasonable and unconstitutional search. The jury ruled against Byrd.

A federal appeals court panel upheld the jury’s conclusion.

The full Ninth Circuit in San Francisco agreed to hear Byrd’s appeal. The court split 6 to 5, ruling that the cross-gender strip search performed on Byrd was unreasonable and violated his Fourth Amendment rights.

“The indignity of the non-emergency strip search conducted by an unidentified female cadet was compounded by the fact that there were onlookers, at least one of whom videotaped the humiliating event,” wrote Judge Johnnie Rawlinson for the court majority.

“Courts throughout the country have universally frowned upon cross-gender strip searches in the absence of an emergency or exigent circumstances,” Judge Rawlinson said.

Judge N. Randy Smith filed a dissent joined by four other judges. “Not lightly do I find reasonable a female officer’s probing search of a male detainee wearing only thin boxer shorts,” Judge Smith said. “Nevertheless, I believe the precedent and the facts compel this result, unsavory to our sensibilities though that result may be.

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