AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for Jails, Prisons and Detention Facilities
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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.
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).
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