Legality of Strip Searches
In North America, civil lawsuits, as well as criminal code changes against strip searches have usually been successful when a person is strip searched by someone of the opposite sex, especially in cases where a woman has been strip searched by a male guard or guards. The more disputed legal cases have often involved the presence of people of the other gender during a strip search. Some of these cases have been less successful because of the legal technicality of who was actually performing the strip search, i.e. if more than one guard is present, the search is often (legally) said to be being performed by the person or people giving the orders or instructions to the person or people being searched.
Another legal issue is that of blanket strip searches, such as in jails where detainees are routinely strip searched before been found guilty of a crime. Courts have often held that blanket strip searches are acceptable only for convicted persons. For detainees pending trial, there must be a reasonable suspicion that the detainees is in possession of weapons or other contraband before a strip search can be conducted. The same often holds true for other situations such as airport security personnel and customs officers, but the dispute often hinges on what constitutes reasonable suspicion.
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