Legal Definitions - Strip Search

A strip search is a highly intrusive physical examination where an individual is required to remove their clothing, allowing for a thorough inspection of their naked body. Due to the significant invasion of privacy involved, such searches are generally considered unlawful unless there is a strong legal justification, typically requiring "probable cause."

This means law enforcement must have a reasonable belief, supported by specific facts, that the person is concealing evidence, weapons, or contraband that could not be found through less intrusive means. When assessing the legality of a strip search, courts will carefully examine all surrounding circumstances, including the extent of the search, where and how it was conducted, and whether it was truly necessary to uncover evidence while justifying the intrusion on personal rights.

Here are some examples illustrating the application of a strip search:

• Example 1: Arrestee Entering a Detention Facility

  A suspect is arrested for a serious felony, such as drug trafficking, and officers have credible intelligence from an informant that the suspect often hides small packages of narcotics within their undergarments or body cavities. Before the suspect is placed into the general population of a county jail, they are taken to a private room and subjected to a strip search by an officer of the same gender.

  This illustrates a strip search because the individual is required to remove their clothing for a full body inspection. The justification here would hinge on the "probable cause" – the credible intelligence about concealing drugs – making it "necessary to reveal evidence otherwise unobtainable" before entering a secure facility where such items could pose a risk to safety or be destroyed.

• Example 2: Border Crossing Inspection

  A traveler attempts to cross an international border. During a routine vehicle inspection, a drug-sniffing dog strongly alerts to the traveler's person, specifically around their waistline. Customs and Border Protection officers, based on the dog's alert, the traveler's unusually nervous behavior, and prior intelligence about drug mules in that area, suspect the individual might be concealing illegal narcotics on their body. They then request a strip search, conducted privately by an officer of the same gender.

  This is a strip search as it involves the traveler removing their clothes for a thorough inspection. The combination of the dog's alert, the traveler's demeanor, and intelligence provides the "probable cause" – a reasonable belief that contraband is being hidden in a way that only a strip search could reveal, thus justifying the significant intrusion on personal rights at a border crossing where security concerns are heightened.

• Example 3: Prison Contraband Prevention

  An inmate in a maximum-security prison is returning to their cell block after an unsupervised visit with an outside guest. Prison staff receive a specific and credible tip from another inmate that the returning inmate was passed a small, non-metallic weapon during the visit, which they are likely concealing in a body cavity. To prevent this dangerous item from entering the prison population, the inmate is taken to a private room and subjected to a strip search by correctional officers.

  This is a strip search because the inmate is required to disrobe for an inspection. In a correctional setting, the standard for justifying such a search can be different due to heightened security concerns. Here, the specific and credible tip provides the "reasonable suspicion" (which can sometimes meet the necessary justification standard in prison settings) that the inmate is concealing contraband, making the strip search "necessary to reveal evidence otherwise unobtainable" and maintain prison safety and order.