AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for
Jails, Prisons and Detention Facilities
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Search: Visitors
Practice
of conducting random searches of prison visitors' vehicles did not violate
their constitutional rights despite a lack of individualized suspicion, and was
a proper special needs search based on concerns about prison security. Neumeyer
v. Beard, No. 04-1499, 2005 U.S. App. Lexis 18308 (3d Cir.). [2005 JB Oct]
291:45 N.J. court
upholds use of scanning device and dogs to detect drugs on prison visitors.
Jackson v. Dept. of Corrections, No. A-5223-98T5, 762 A.2d 255 (N.J. Super.
2000).
EDITOR'S NOTE:
For other cases upholding similar drug detection policies, see Spear v.
Sowders, 71 F.3d 626 (6th Cir. 1995); Romo v. Champion, 46 F.3d 1013 (10th Cir.
1995); Ybarra v. Nevada Board of State Prison Commissioners, 520 F. Supp. 1000
(D. Nev. 1981); Black v. Amico, 387 F. Supp. 88 (W.D.N.Y. 1974).
229:11 Roadblock
stop of car entering correctional facility, sniffing of vehicle and occupants
by narcotics-detecting dog, and strip search of female visitor to whom dog
alerted were all reasonable, federal appeals court rules. Romo v. Champion, 46
F.3d 1013 (10th Cir. 1995). [Cross-reference: Strip Search: Visitors].
California
appeals court upholds administrative searches of prison visitor's vehicles on
prison premises, including use of narcotics detecting dogs, but upholds some
restrictive conditions set by trial court. Estes v. Rowland, 17 Cal.Rptr.2d 901
(Cal.App. 1993).
Visitor searches
challenged. Estes et al. v. McCarthy et al., Marin Co. Superior Court, San
Francisco Recorder, 2/28/86.
Officials could
be liable for searching 68-year-old mother visiting her son. Smothers v.
Gibson, 778 F.2d 470 (8th cir. 1985).
Woman awarded
over $175,000 for being strip-searched in accordance with policy. Blackburn v.
Snow, 771 F.2d 556 (1st Cir. 1985).
Reasonable
cause, not probable cause, needed to search visitors. Com. v. Dugger, 486 A.2d
382 (Pa. 1985).
Posted signs and
consent forms were sufficient in searching visitors. State v. Balser, 460 So.2d
74 (La. App. 1984).
Strip-searches
of visitors improper; warden liable for termination of mother's visiting
rights. Thorn v. Jones, 585 F.Supp. 910 (M.D. La. 1984).
Visitor awarded
over $175,000 for unconstitutional stripsearch; sheriff liable for termination
of mother's visiting rights. Cole v. Snow, 586 F.Supp. 655 (D. Mass. 1984) and
599 F. Supp. 1386 (D. Mass. 1984).
Court orders
changes in county jail procedures on cell searches, contact visitations, etc.
for pretrial detainees. Rutherford v. Pitchess, 710 F.2d 572 (9th Cir. 1983).
Prison officials
may search attorneys and ban their briefcases from cell area. Rhode Island
Defense Attys. Assn. v. Dodd, 463 A.2d 1370 (R.I. 1983).
Anonymous tip
did not provide "reasonable suspicion" necessary to strip search
visitor. Comm. v. Lapia, 457 A.2d 877 (Pa. App. 1983).
Routine search
of a attorney's property at jail and courthouse was permissible. Rhode Island
Defense Attys. Assn. v. Dodd, 463 A.2d 1370 (R.I. 1983).
Eighth Circuit
rejects visitor strip search policy at Iowa prisons. Hunter v. Auger, 672 F.2d
668 (8th Cir. 1982).
Jail guard's
search of visitor for possible weapons not akin to arrest; Miranda warnings
unnecessary. People v. Carter,, 172 Cal.Rptr. 838 (App. 1981).
State Supreme
Court voids restrictions applicable to attorney visitation at West Virginia
prison. State ex rel McCamic v. McCoy, 276 S.E.2d 534 (W.Va. 1981).
Vermont court dismisses
prisoner's claim that strip search of girlfriend violated his constitutional
rights; restrictions on inmate marriages were proper. Wool v. Hogan, 505
F.Supp. 928 (D. Vt. 1981).
Federal court
rules that search of visiting attorney's briefcase must be limited. Henry v.
Perrin, 609 F.2d 1010 (1st Cir. 1979).