Explain a correctional officer's right to search a person and items in the person's possession: (1) at the time of booking; and (2) while the person is in jail

Question

What will be an ideal response?

Answer 1

At the time of booking, officers are allowed to conduct a thorough search of the person and any items in the control of the person at the time of booking. Even though the person was subjected to a thorough search when arrested, the jail personnel can search the person again. When the Supreme Court confirmed this right, it allowed strip searches and also provided the option to conduct body cavity searches. The Court allowed the removal, search, and storage of clothing and any other items the person had in his/her possession when booked. In one case the Court allowed investigators to examine clothing that had been stored and send it to the lab for testing.
There is no reasonable expectation of privacy in a jail or prison. Staff members are allowed to do random searches of inmates and their property. In the landmark case of Bell v. Wolfish, the court allowed strip searches after a non-contact visit even though the inmate wore a full-length jumpsuit that zipped up the front and was under observation while in the visiting area. The Court's theme throughout Bell, which reviewed multiple issues related to prison conditions and procedures, was that the prison staff was allowed to enforce rules that were designed to maintain prison security. The Court deferred to the Warden and staff who created the rules as long as they had a security reason for the regulation. A later case sanctioned random searches of inmate cells that "tossed" everything in the cell. Regulations severely restricted what an inmate could have in the cell. All types of property could be thoroughly examined and contraband thrown away. There was an exception for documents and correspondence from lawyers; inmates who represented themselves also had expanded rights to retain legal papers.