NCJ Number
80441
Journal
National Journal of Criminal Defense Volume: 5 Dated: (Fall 1979) Pages: 259-277
Date Published
1979
Length
19 pages
Annotation
This article explores the fourth amendment rights of persons incarcerated in prisons and considers proposals for prison reforms in this area.
Abstract
Among the issues raised in this article is the question of whether the fourth amendment should even be considered in the context of prisons. Also examined is the standard required to justify a search within a prison and whether this standard should fluctuate according to the type of search. The focus is upon physical searches of prisoners and their cells, although attention is also given to interception of conversations, visitor searches, and correspondence searches. One prison reform proposal considers restrictions on prisoners' dignity unjustified by any compelling governmental interest of security. Other reform proposals are cited that seek to formulate specific guidelines for protection of prisoners' fourth amendment interests. It is concluded that even though prisoners' fourth amendment rights must be outweighed by the exigencies of prison life, courts should be cautious to ensure that these exigencies are those of necessity, not convenience. Footnotes are included. (Author summary modified)