AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and
Detention Facilities
Search: Guards/Employees
Federal court upholds
county jail employee search policy including random pat-down searches by
same sex employees of "all areas" of the searched employee's
body, including their abdomen and groin, and removal of outer clothing,
belts, and shoes. Search policy was justified by a strong interest in preventing
the introduction of contraband into the facility and by employee's diminished
expectation of privacy on the job. Court also notes that the policy was
applied uniformly to every employee and also to visitors at the facility
who have contact visits with prisoners. Allegheny County Prison Employees
Independent Union v. County of Allegheny, 315 F. Supp. 2d 728 (W.D.Pa.
2004). [N/R]
While reasonable suspicion, not probable
cause, was the legal standard required to search a prison employee's car
while parked in a correctional institution's parking lot, an eleven month
old anonymous tip that he was keeping a 9 mm gun in his car did not provide
reasonable suspicion for the search when there was no independent corroboration
of any information received and no indication of how the tipster obtained
his information. Wiley v. Department of Justice, No. 02-3044, 328 F.3d
1346 (Fed. Cir. 2003). [N/R]
Correctional
officer could sue on claim that strip search of him for drugs lacked reasonable
suspicion. Kennedy v. Hardiman, 684 F.Supp. 540 (N.D. Ill. 1988).
Exclusionary
rule did not apply to use of illegal search of jail guard at his termination
hearing. Sheetz v. Mayor of Baltimore, 527 A.2d 787 (Md. App. 1987).
Corrections
officer properly dismissed for refusing urine sample. King v. McMickens,
501 N.Y.S.2d 679 (A.D. 1 Dept. 1986).
Constitutional
rights can't be waived by "consent to search" forms; court modifies
standards for employee vehicle searches and urinalysis tests. People v.
Whitfield, 488 N.E.2d 1087 (Ill. App. 1986).
Illinois appellate
court upholds `right to search signs' at prison parking lot; also upholds
`waiver and consent to search' forms upon employment. People v. Whitfield,
488 N.E.2d 1087 (Ill. App. 1986).
Search of guard
based on anonymous tip too intrusive, but officials granted immunity. Adrow
v. Johnson, 623 F.Supp. 1085 (D.C. Ill. 1985).
Employee cars
cannot be searched. McDonald v. hunter, 612 F.Supp. 1122 (D.C. Iowa 1985).
Search warrant
needed when search of guards entails cavity viewing; random searches of
guard unconstitutional. Sec. & Law Enforcement Emp. Dist. C. 82 v.
Carey, 737 F.2d 187 (2nd Cir. 1984).
Searches of
guards and their cars unconstitutional. McDonnell v. Hunter, 746 F.2d 785
(8th Cir. 1984).