Recently, a senior US district judge in Philadelphia, PA issued a 49 page ruling allowing a class action to continue against the company that ran a nearly 1,900-bed Delaware County (PA) Prison. The judge ruled that prisons cannot routinely strip search drunk drivers and other non-drug, non-violent arrestees without reason to think they are hiding contraband.
Courts in nine other federal districts have similarly discussed the humiliation inherent in visual or bodily searches and have held that the Fourth Amendment protection from search and seizure needs to be balanced against a prison's need to maintain order. Accordingly, numerous class actions have been filed across the country against the operators of prisons and the cities/counties they reside in.
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