AELE LAW LIBRARY OF CASE SUMMARIES:
Corrections Law for
Jails, Prisons and Detention Facilities
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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.
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).
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].
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.
challenged. Estes et al. v. McCarthy et al., Marin Co. Superior Court,
San Francisco Recorder, 2/28/86.
be liable for searching 68-year-old mother visiting her son. Smothers v.
Gibson, 778 F.2d 470 (8th cir. 1985).
over $175,000 for being strip-searched in accordance with policy. Blackburn
v. Snow, 771 F.2d 556 (1st Cir. 1985).
not probable cause, needed to search visitors. Com. v. Dugger, 486 A.2d
382 (Pa. 1985).
and consent forms were sufficient in searching visitors. State v. Balser,
460 So.2d 74 (La. App. 1984).
of visitors improper; warden liable for termination of mother's visiting
rights. Thorn v. Jones, 585 F.Supp. 910 (M.D. La. 1984).
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).
changes in county jail procedures on cell searches, contact visitations,
etc. for pretrial detainees. Rutherford v. Pitchess, 710 F.2d 572 (9th
may search attorneys and ban their briefcases from cell area. Rhode Island
Defense Attys. Assn. v. Dodd, 463 A.2d 1370 (R.I. 1983).
did not provide "reasonable suspicion" necessary to strip search
visitor. Comm. v. Lapia, 457 A.2d 877 (Pa. App. 1983).
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).
rejects visitor strip search policy at Iowa prisons. Hunter v. Auger, 672
F.2d 668 (8th Cir. 1982).
search of visitor for possible weapons not akin to arrest; Miranda warnings
unnecessary. People v. Carter,, 172 Cal.Rptr. 838 (App. 1981).
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).
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).
rules that search of visiting attorney's briefcase must be limited. Henry
v. Perrin, 609 F.2d 1010 (1st Cir. 1979).
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