Strip Search Case Study

Superior Essays
Barry Jay Collin, an inmate housed at Brockbridge Correctional Facility (“BCF”) challenges the constitutionality of two strip searches and visual body cavity searches of him in his dormitory in front of other male inmates and correctional personnel. He claims that his 1st and 8th Amendment rights were violated and seeks ten thousand dollars ($10,000) from each named defendant, seven thousand five hundred dollars ($7,500) for constitutional violations, and pain and suffering and filing fees.
II. Factual Background. On February 8, 2017, the Contraband Interdiction Team (“C.I.T.”) and the Green Team conducted a mass shakedown and strip search in Kent dorm of the BCF. Complaint, ECF No. 1-2, at p. 2. Mr. Collins submitted a Request for Administrative
…show more content…
at p. 13. The strip search directive was also reviewed and the definition of strip search was noted in the investigative case summary. Id., Exhibit 3, Maryland Division of Correction Emergency Directive Number: EmD.DOC.110.0026, Search Plans, at p. 3.
The term “strip search” is defined in the definition section, subpart (13) of the directive to mean “the visual examination of a person, by a staff member of the same sex, while disrobed for the purpose of determining" the Individual Is In possession of contraband. A strip search does not require the expert/se or qualifications of medically trained staff.” Exhibit 3, at p. 3 Upon completion of the investigation, dismissal of the ARP complaint was recommended based on the complaint being determined to have no merit. Id. at p. 13. Acting Captain Bey’s findings concluded that Mr. Collins was not touched by staff in any manner and he was not subject to being stripped in front of any persons of the opposite sex or violated in any manner. Id. She also reported that staff performed their job duties professionally and in a routine manner, as they always do when activated for these interdictions. Id. It was also determined that there was no demoralizing or degrading behavior toward Mr. Collins on behalf of staff members and at no time was Mr. Collins made to feel uncomfortable. Id. On May 8, 2017, Warden Casey Campbell signed the dismissed the ARP. Id. at p.

Related Documents

  • Decent Essays

    P Santiago claims that he retreated into the bathroom and MOS entered the bathroom and handcuffed him. P Santiago claims that the first MOS who maced entered the bathroom and maced him again then transported to the precinct.…

    • 492 Words
    • 2 Pages
    Decent Essays
  • Decent Essays

    • Ps allege unlawful strip search and false arrest. Ps allege that MOS entered and searched P Regine West’s apartment with permission or authority. Ps claims that drugs were recovered from Timothy Smart’s (non-party) jacket which he had placed in the closet without Ps knowledge. Ps claim that Mr. Smart admitted to possession of drugs to MOS. MOS state that they were conducting a long-term investigation of drug gang activities in the James Weldon Johnson Houses lead by MOS Feliciano.…

    • 246 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    Bodega Case Study

    • 141 Words
    • 1 Pages

    MOS asked the individuals to move away from the area and many of the individuals obeyed the order. However, P refused to back away and became aggressive. P attempted to enter the bodega during the search warrant execution. P was arrested and…

    • 141 Words
    • 1 Pages
    Decent Essays
  • Decent Essays

    He was first detained at Burlington County Detention Center where like every incoming inmate; he showered with the delousing agent and underwent a strip search while under the officers? supervision. On transfer to the Essex County Correctional Facility the prisoner was subject to a mandatory shower, clothes examination by the officials and a strip search.…

    • 429 Words
    • 2 Pages
    Decent Essays
  • Improved Essays

    On 12/03/2016, at approximately 1953 hours, at the Durango Jail, located at 3225 West Gibson Lane Phoenix, AZ 85009, a radio call was made for additional officers to respond for a multiple inmate fight in Durango 7 D-pod. Officers Mendoza B2686, Delong B3125, Espinoza B3284, Serrano B3280, Larsen B2798, Sergeant Johanning A9075 and Lieutenant Leonard A6248 responded to regain control of Durango 7 D-pod, only to find that the fight had ceased and the combatants had locked down along with all the other Inmates in D7 D-pod. D-pod remained locked down while a knuckle check was conducted in an attempt to identify the combatants but the knuckle check was unsuccessful. At approximately 2010 hours, while conducting a routine security walk I was…

    • 1249 Words
    • 5 Pages
    Improved Essays
  • Improved Essays

    Kenneth Sorensen Case

    • 1536 Words
    • 7 Pages

    On April 27, 2015, Plaintiff Kenneth Sorensen, an inmate, filed a lawsuit arising out of his housing at the Jessup Correction Institution (“JCI”). He has since been transferred to the Maryland Correctional Institution – Hagerstown. The original complaint named 11 defendants (Former JCI Warden John Wolfe, former JCI Case Manager George Allen, Lieutenant Barnes, Carol Jackson, Officer Robert Jordan, Lieutenant Ronel Legrand, Dr. Kevin J. McCamant, Dr. Jacqueline Moore, Sergeant Shekey Sellman, Captain Monique Shaw, and Betty Spriggs). On June 5, 2015, he amended his complaint naming ten additional defendants (former Commissioner of Corrections J. Michael Stouffer, Case Manager Ayo, Lieutenant Baloga, Latisha Barrett, Captain Bell, Sergeant Burnett,…

    • 1536 Words
    • 7 Pages
    Improved Essays
  • Improved Essays

    The attached investigative report was compiled by Sergeant Mauricio Medina, Employee #108754, and responds to the complaint of local attorney Ms. Arlene Hecht against Officer Robert G. McCorkle, III, Employee #70317, of the East Patrol Command, Eastside Division for Conduct and Behavior. The allegation is that on December 1, 2016, Officer McCorkle, after finding out that Ms. Hecht had made a plea-bargain deal on behalf of her client while he was in another court, he threatened her by saying that he was going to start going to her parent’s scrap yard business and write them more tickets, in retaliation for the plea-bargain. The incident occurred at the downtown municipal court building at 1400 Lubbock at approximately 1000 hours. Specifically,…

    • 539 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Furthermore, the Court of Appeals also referred to the case Terry vs Ohio, and the court specified that the officer in the Terry case had motive to believe criminal activity was about to take place. Though, the officer proceeded to search Terry, he only conducted a surface search, as in his hands never stretched inside Terry’s coat. In contrast, the search performed on Dickerson was much more intrusive, and it went beyond a surface touch. Ultimately, the officer had to explore and manipulate the cellophane to conclude it was cocaine. In a situation, such as this, a pat down is not required to investigate the suspect for a crime; rather, it’s to insure the officer’s and other individual’s safety.…

    • 537 Words
    • 3 Pages
    Improved Essays
  • Improved Essays

    Subject was received into the California Department of Corrections and Rehabilitations (CDCR) on February 16, 2000 for burglary in the 1st as a third striker. Subject arrived at CCI on July 7, 2015. Subject will be housed in Administrative Segregation Unit (ASU) placement in Facility A Housing Unit 6 cell B 106L, for self-expressed safety concerns. Subject explained that he was assigned as a porter in Facility A Housing Unit 3, and that Officer Lopez caught him with a kite/note that he was supposed to take to Inmate with the aka of “Black” in A section cell 106.…

    • 878 Words
    • 4 Pages
    Improved Essays
  • Improved Essays

    California v. Greenwood: Case Brief California v. Greenwood established that items set out in a public space and which are available for the public to inspect are not granted the Fourth Amendment right to require a search warrant before searching or seizing that property. Facts Police Officers in Laguna Beach were conducting a drug trafficking investigation. The target of the investigation was Billy Greenwood. During this investigation the Laguna Beach Police Department asked the trash collector of Mr. Greenwood's trash to place it separately from the other trash they normally picked up.…

    • 561 Words
    • 3 Pages
    Improved Essays
  • Great Essays

    Moot Court Case

    • 1647 Words
    • 7 Pages

    DAVID FALLSBAUER’S RIGHTS UNDER THE FOURTH AMENDMENT WERE VIOLATED BY THE POLICE OFFICERS, BECAUSE WHEN FACED WITH AMBIGUITY REGARDING THE A THIRD PARTY’S CONSENT TO SEARCH THEY FAILED TO MAKE A FURTHER INQUIRY. BY DOING SO, THE OFFICERS VIOLATED DAVID’S RIGHT TO PRIVACY. The primary question before this Court is whether police officers must make a further inquiry when faced with an ambiguity regarding a third party’s consent to search. The Federal Circuit Courts of Appeals have taken different views when deciding the actions a police officer must take when faced with an ambiguity pertaining to third party consent. It is crucial to our society that a person’s right to privacy is protected and able to be exercised.…

    • 1647 Words
    • 7 Pages
    Great Essays
  • Improved Essays

    Personal Declaration of Independence from those with Sticky Fingers. Goodbye to anyone that this apply to, as what proceeds will inform you why I never want you back in my life. The ones to whom this applies to are the people who do not get permission or think about the legality of the actions of which they were about to do most of the things that are about to proceed are all helped with and proven through a legal standpoint by the fourth amendment of the U.S. Constitution.…

    • 484 Words
    • 2 Pages
    Improved Essays
  • Superior Essays

    Argument Against Welfare Testing

    • 1043 Words
    • 5 Pages
    • 8 Works Cited

    University of Pennsylvania Journal of Constitutional Law. (Vol. 15, Is. 5, pp. 1539-1559) Retrieved from http://web.b.ebscohost.com.southuniversity.libproxy.edmc.edu/ehost/pdfviewer/pdfviewer?sid=6b36aece-4bd5-4961-b371-ca7f92032795%40sessionmgr110&vid=2&hid=125 Martin, D. (2012, March 18).…

    • 1043 Words
    • 5 Pages
    • 8 Works Cited
    Superior Essays
  • Superior Essays

    This paper is going to explain who can issue a search warrant, the grounds on why a search warrant will be issued, who issues it, and the people and location to be searched, and items that can be seized. I will also be informing you on who can issue a search and seizure warrant. I have attached a search and seizure warrant. The search and seizure falls under the Fourth Amendment. Let me begin with what a search warrant consists of.…

    • 1567 Words
    • 7 Pages
    Superior Essays
  • Improved Essays

    It is common for a search to be defined as any action by government officials, which involves seeking for indication of a violation of law. Nonetheless, according to the Court’s cases, a search ensues when there is a physical invasion into one of the “constitutionally protected areas” which can be associated with the Fourth Amendment: persons, papers and effects (Whitebread and Slobogin, 120). Silverman vs United States (1961) exemplify how searches have conditions. Evidence officers gathered by…

    • 490 Words
    • 2 Pages
    Improved Essays