A federal appeals court ruled that a woman's intimate search of a male inmate – which was filmed and watched by dozens – was unreasonable. The Supreme Court declined to take the case.
The US Supreme Court declined on Monday to examine a federal appeals court ruling that the strip search of a male detainee by a female guard in an Arizona jail was an unreasonable search in violation of the Fourth Amendment.
The action lets stand a 6-to-5 ruling by the full Ninth US Circuit Court of Appeals in San Francisco involving a search conducted by a female cadet at a jail run by the Maricopa County Sheriff’s Department.
The case comes at a time of heightened public awareness of intrusive searches as a condition of air travel, including intimate pat downs and technology capable of simulating a strip search. The case dismissed on Monday, however, took place in the context of a jail.
At issue was a 2004 search of Charles Byrd, a pretrial detainee, at a minimum security jail in Phoenix.
Mr. Byrd was one of 90 detainees ordered to submit to a unit-wide search for contraband and weapons. Byrd was told to remove his clothing except his boxer shorts, which were described as pink and comprised of very thin, revealing material. The searches took place four to six at a time. Some were conducted by cadets from the detention officer training academy. Present during the searches were an estimated 25 cadets, a number of training supervisors, and 10 to 15 uniformed guards. The procedure was also videotaped.