Strip Search, normal procedure (Cobb Co., GA)

[dinochow]

Strip Search, normal procedure??? (Cobb Co., GA)

What is the name of your state? Georgia

Before I begin, please allow me to state, no one is planning any lawsuits or anything like. I am just questioning if the following sounds like “normal procedure (for the Cobb Co. Georgia jail).

The person in question is a 47 year old white female, college graduate with honors, professionally employed, with no criminal record and not as much as a parking ticket on her driving record.

She was convicted in Cobb County State Court in September 2005 of DUI (stemming from her arrest in February 2005 in Smyrna, Georgia by City of Smyrna Police), first offense, and as part of sentencing was forced to serve 24 hours in the Cobb County (Georgia) Adult Detention Facility (she was actually sentenced to 12 months, reduced to 24 hours) … along with a $1000 fine, 1 year probation, one year suspended license, requirement to attend “DUI School,” and 100 hours community service (yes, she did have a lawyer!).

As part of her “check in procedures” at the Cobb County jail, she was forced to strip naked in the presence of two female guards and a female nurse. She was then forced to “squat and cough.” At this time the nurse had her stand while she inserted a gloved finger into her vagina, then had her bend over and the nurse then inserted a gloved finger into her anus. She also “inspected” under her breasts, etc.

She was then forced to shower in the presence of these same guards and nurse. Then she was allowed to dress in the blue (for female prisoners) Cobb Co. Jail jumpsuit to be admitted to the general female prison population.

She maintains the guards and the nurse could not have been more pleasant and friendly, considering the circumstances. She states the guards both told her they could not believe the judge sentenced her to spend 24 hours in jail for a first offense. She says they told her “We can’t believe you’re even here.”

As I stated, no one is planning any lawsuits or anything. I am just question if this sounds like “normal procedure” for someone who is to spend only 24 hours at the Cobb County (Georgia) Adult Detention Center when their was no reason to suspect she was carrying any type of drugs or contraband.

 

[gawm]

yes, it is jail policy to search inmates when booking them. i don't think the guards enjoy doing it any more than the inmates enjoy getting it done

 

[dinochow]

Does this ruling not apply?

GEORGIA

11th Circuit: Jail Was Right to Conduct Strip Search
But policy of searching every inmate is a no-no

Scott Simonson
Fulton County Daily Report
09-06-2005

Atlanta's federal appeals court, with apparent reluctance, ruled Wednesday that a North Georgia county's policy of strip-searching every prisoner booked into jail violated the Constitution.

The court also noted that the policy didn't necessarily violate the rights of individual prisoners who were searched, so long as jailers had "reasonable suspicion" that a detainee might possess weapons or contraband.

The 11th U.S. Circuit Court of Appeals made the ruling in the case of Janet M. Hicks, who sued Habersham County's sheriff and jail supervisor after she was strip-searched following her 2001 misdemeanor arrest for a domestic-violence dispute with her estranged husband. Hicks v. Moore, No. 03-13686.
According to the 11th Circuit's ruling, Hicks was strip-searched by a female sheriff's department employee and was not touched during the search.

About three years ago -- and after Hicks' strip search -- the sheriff in charge of the jail at that time, Richard Moore, changed the jail's policy, and the facility no longer strip-searches everyone who is booked.

Hicks' suit did not name the county as a defendant but targeted Moore, the jail commander and other individuals who supervised or participated in her detention and search. Current Habersham County Sheriff DeRay Fincher could not be reached for comment.

A unanimous three-judge panel ruled that the jail did not violate Hicks' rights, because her arrest for a violent crime justified a strip search. The 11th Circuit effectively ended Hicks' federal case against the jail and reversed a district court ruling that denied the Habersham government employees' motion for summary judgment.

Chief Judge J.L. Edmondson wrote the opinion, joined by Judge Frank M. Hull and U.S. District Judge B. Avant Edenfield of the Southern District of Georgia, sitting by designation.

QUESTIONING PRECEDENT
Edmondson, with apparent unease, ruled that circuit precedent didn't allow Habersham's practice of strip-searching everyone booked at the jail. This ruling marks the second time in the past four months that Edmondson has written an opinion expressing dissatisfaction with the circuit's precedent on strip searches.

His opinion stopped short of endorsing circuit precedent or condemning the jail's policy. He added, in a footnote, "We personally question that such a practice violates the Fourth Amendment," noting that the circuit's precedent justifies strip searches only when a "reasonable suspicion" indicates that a detainee could possess weapons or contraband, according to the court's 2001 ruling in Wilson v. Jones, 251 F.3d 1340.

Edmondson pointed out that the "reasonable suspicion" standard remains stricter than what the U.S. Supreme Court requires.

In May, in another opinion written by Edmondson, a full 12-judge panel of the 11th Circuit voiced unease with its precedent on strip searches. In that case, Edmondson wrote, "most of us are uncertain that jailers are required to have a reasonable suspicion of weapons or contraband before strip-searching -- for security and safety purposes -- arrestees bound for the general jail population." Evans v. Stephens, 407 F.3d 1272.

SUFFICIENT REASON TO SEARCH
In Hicks' case, the court found that the strip search did not violate her constitutional rights, eliminating the basis for her federal suit.

"Just because she was strip-searched at a jail that had a search practice that would generally violate the Constitution does not mean every search that was conducted actually violated the Constitution," Edmondson wrote.
Because Hicks was arrested on a misdemeanor charge of family violence battery -- obviously, a crime of violence, according to the opinion -- jail officials had sufficient reason to suspect hidden weapons or contraband,
Edmondson wrote.

However, the opinion pointed out that the arresting officer and jail supervisor in Hicks' case testified that they did not suspect Hicks of having weapons or drugs.

"Whether reasonable suspicion existed at the time is a question of law to be determined ultimately by judges, not policemen or jailers," Edmondson wrote. "The subjective intentions and beliefs of the jailers conducting the strip-search are 'immaterial to the Fourth Amendment analysis,'" according to the 1989 U.S. Supreme Court case Graham v. Connor, 490 U.S. 386.

Terry E. Williams of Lawrenceville, Ga., who represented Moore, the former Habersham sheriff, and other county employees, could not be reached for comment.

One of the attorneys representing Hicks, Scott D. Delius of the Delius Law Firm, said Thursday that he was disappointed with the outcome and that his client hasn't decided whether she'll pursue the case.

"We at least feel good about the fact that there's no longer a blanket strip-search policy at the jail and that jails are taking the issue seriously," said Delius, who represented Hicks along with J. Matthew Maguire Jr. of Balch & Bingham.

 

[BelizeBreeze]

From the facts in your initial post the search was conducted legally. The fact that she got only 24 hours in jail, aside from being an affront to anyone on the street at the time she drove drunk and could have killed, is a slap in the face to those of us who do NOT break the law.

That being said, she has no claim for any legal issue arising from this.

 

[mike2002]

Sounds pretty much like normal booking procedure. My gfriend went through basically the same thing when she went to jail for a 2nd DUI even though she's 23, grad student, never been in any other trouble with the law (stupid mistake), was dressed professionally in court, and is small and clearly not a threat. The whole strip search thing is ridiculous and humiliating - she had to take off absolutely everything and among other embarassing things, squat and cough, and bend over naked for a thorough cavity search. Your story sounds even more obscene- my gfriend "escaped" with only a visual exam of her private parts by a jail guard wearing latex gloves and shining a flashlight up there (for what she said seemed like forever), no touching, but obviously that was bad enough. And they threatened to do a full physical probing too like your story when she complained during the search. She went through this routine several times and is still haunted by it. It's really stupid - I mean no criminal record at all, what do they think they're hiding that they wouldn't find by patting down (which they also did plenty of times)? Doesn't seem like someone in on a DUI warrants a body cavity search (or handcuffs for that matter). But I bet the jail guards like the perks of doing the searches.

 

[sherris]

Violation of restraining order she didn't know about

My daughter was arrested in Indiana fir a violation of a restrainging order, one that she did not existed. And for domestic violence. This was done by her ex. Whom she hasn't seen for about 2 months. She was strip searched with a body cavity search in front of the other female inmates. My daughter has never been arrested before or had any brishes with the law. She was out of jail less than 12 hours when she was in line at the bank. While waiting (long line) she notices her ex sitting in his truck in the bank parking lot, then his father pulls in and looks in her car and leaves. I am afraid they are setting her up to be arrested again for violating the order. The judge already told her if she had any contact with him she would go back to jail and her bond revoked. I told her to make sure she doesn't leave without someone with her as witness, but she can't do this forever. Any other advise?

 

[BelizeBreeze]

Are you going to post this over and over again until you find an answer you WANT to hear?
https://forum.freeadvice.com/showthread.php?t=289980

 

[dinochow]

Dear BelizeBreeze ... ... I'm not sure I understand your last reply or its reason for being posted ... ... as if you READ the replies (except for my quote from the Court of Appeals) you'll see I have only posted this once!

 

[dinochow]

... just curious as to if anyone who is familiar with the Cobb County, Georgia Adult Detention Facility has seen this and can confirm if this does indeed sound like "normal procedure."

 

[seniorjudge]

... just curious as to if anyone who is familiar with the Cobb County, Georgia Adult Detention Facility has seen this and can confirm if this does indeed sound like "normal procedure."

Does the name Squeaky Fromme mean anything to you?

Anyway, the cops have the right to protect themselves, even from small women.

 

[smutlydog]

... just curious as to if anyone who is familiar with the Cobb County, Georgia Adult Detention Facility has seen this and can confirm if this does indeed sound like "normal procedure."

Why would you not think this is normal?The other inmates have a right to be safe from any potential weapons that might be brought in.

 

[acmb05]

well

Sounds pretty much like normal booking procedure. My gfriend went through basically the same thing when she went to jail for a 2nd DUI even though she's 23, grad student, never been in any other trouble with the law (stupid mistake), was dressed professionally in court, and is small and clearly not a threat. The whole strip search thing is ridiculous and humiliating - she had to take off absolutely everything and among other embarassing things, squat and cough, and bend over naked for a thorough cavity search. Your story sounds even more obscene- my gfriend "escaped" with only a visual exam of her private parts by a jail guard wearing latex gloves and shining a flashlight up there (for what she said seemed like forever), no touching, but obviously that was bad enough. And they threatened to do a full physical probing too like your story when she complained during the search. She went through this routine several times and is still haunted by it. It's really stupid - I mean no criminal record at all, what do they think they're hiding that they wouldn't find by patting down (which they also did plenty of times)? Doesn't seem like someone in on a DUI warrants a body cavity search (or handcuffs for that matter). But I bet the jail guards like the perks of doing the searches.

They could find, Drugs in a balloon, a small weapon,lighters, there are a number of things that people will stuff up themselves to get it into a jail or prison.

Most jails have a strip search policy when you are placed into the population of that facility.

Quite the opposite, Most jail employees dont really care to stick thier finger up 15 or 20 asses a day, would you enjoy that?

 

[dinochow]

Thank you everyone for all your replies. I guess it is "standard procedure," though I'm still dubious as to if or if not the Atlanta Federal Appeals Court decision of 08-Sep-05 applies here(?). It was after that date that my friend spent a day/night in the Cobb County Adult Detention Center.

As I had stated ... no one is or was planning any lawsuits or anything. I was just trying to get a confirmation.

I guess what is bothering me the most is her night she spent in the lockup doesn't seem to have upset her very much (other than she had to sleep on the floor, was very cold, and only received one meal ... after she had already been in detention for almost twelve hours ... and didn't receive another before she was released ... twelve hours later). No, the lockup hasn't bothered her so much as the "strip search" and the "jailhouse shower." She seems to be having the same reactions and post-traumatic shock as a rape victim.

Though she even told me (and I stated here), "She maintains the guards and the nurse could not have been more pleasant and friendly, considering the circumstances," I guess, to her, it almost was like being raped. But, please, I would never, nor would she, ever compare this to someone being raped. I know they are not even close to being the same circumstance.

One thing that I do know, pertaining to her "check-in procedures" ... the "strip search" and the "shower" ... is that it was all videotaped (for the protection of the officers, as someone in Cobb County a couple of years ago accused an officer of doing something "out of line" during a strip search).

No, I believe it is best I do not tell her she was videotaped.

Again, thank you all very much.