NCJ Number
125087
Journal
Crime to Court: Police Officer's Handbook Dated: (March 1990) Pages: 15-16
Date Published
1990
Length
2 pages
Annotation
A body-cavity strip search policy may not be based solely on a felony/misdemeanor classification.
Abstract
It is clearly established that an arrest without probable cause is violative of the Constitution. The relevant question during arrest is whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information that the arresting officers possessed. Factors to be considered in determining if there is reasonable suspicion to justify a body-cavity search are the arrestee's appearance, prior criminal record, nature of charge, and any other information the police have at the time of booking. In support of body-cavity searches, the policy of a city police department or penal institution must be reasonably related to the penal institution's interest in maintaining security. However, a body-cavity search policy based solely on a felony/misdemeanor classification indicates little about the likelihood of the arrestee's concealing drugs, weapons, or contraband.