• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

illegal search

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

mcoates

Junior Member
What is the name of your state (only U.S. law)?
Florida
My wife was arrested in Brooksville, Fl, She explained to the booking officer that if she did take her medication she could become ill. I spoke with the booking officer and was told to bring all her medication to the jail so they could write down all the medications she was on. All they were supposed to do was write down the names and amounts of the medications. No one gave them permission to open the containers. Apparently they opened the containers and found that she had placed the same type of medication from one bottle into the containers of the other bottle. The medications were different brands. I was not aware that she had done this.They have now charged her with introducing contriband into a correctional facility. By opening the containers, is that considered and illegal search?
 


Curt581

Senior Member
All they were supposed to do was write down the names and amounts of the medications. No one gave them permission to open the containers.
"All they were supposed to do", huh?

They didn't need permission to open the containers. Every device, every container and every person entering a Correctional facility is subject to search.

By opening the containers, is that considered and illegal search?
Not even close to illegal.
 

Ohiogal

Queen Bee
What is the name of your state (only U.S. law)?
Florida
My wife was arrested in Brooksville, Fl, She explained to the booking officer that if she did take her medication she could become ill. I spoke with the booking officer and was told to bring all her medication to the jail so they could write down all the medications she was on. All they were supposed to do was write down the names and amounts of the medications. No one gave them permission to open the containers. Apparently they opened the containers and found that she had placed the same type of medication from one bottle into the containers of the other bottle. The medications were different brands. I was not aware that she had done this.They have now charged her with introducing contriband into a correctional facility. By opening the containers, is that considered and illegal search?
NOPE. Your wife broke the law. And you aided her.
 

outonbail

Senior Member
What is the name of your state (only U.S. law)?
Florida
My wife was arrested in Brooksville, Fl, She explained to the booking officer that if she did take her medication she could become ill. I spoke with the booking officer and was told to bring all her medication to the jail so they could write down all the medications she was on.
This doesn't really sound like the whole story. When a person is booked into jail, they are usually interviewed and would be asked if they take any medication and if so, what the meds are and the name of the physician who prescribed the meds.

I've never heard of anyone being allowed to bring their own meds into a jail. They always have the jail facilities doctor or nurse contact the prescribing physician before they issue meds to any inmate.

Additionally, I would think that the OP himself would have been charged for bringing the meds into the jail. Of course there's still time for that to happen,,,,,,

However, if his wife was already in custody, she wouldn't have had physical possession of the meds herself, so I don't see where she could be charged for his actions.

Unless she had meds on her that she didn't give up when she was being booked and they subsequently discovered them while conducting the up close and personal cavity search?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top