A strip search is part of procedural practices to provide safety for staff and others housed within a correctional facility. You do not have to be incarcerated to be subject to a strip search when entering a Michigan correctional facility. However, what happens when you refuse a strip search differs depending on the person refusing a strip search.
The White Law PLLC team offers over 20 years of cumulative legal experience combined with the latest technology to meet each client’s unique needs.
An illegal strip search lawyer in Michigan with our firm will work tirelessly to determine if a strip search violates your rights and, if so, what legal course of action you can take. Below, we discuss your right to refuse a strip search and what consequences you may experience from refusing a strip search in Michigan.
Individuals Subject to Strip Search in Michigan Correctional Facilities
The Michigan Department of Corrections Policy Directive for Search and Arrest in Correctional Facilities states the purpose of search practices is to ensure security and safety in correctional facilities. One aspect of search policies is strip search. According to the directive, the following individuals may be subject to strip search in Michigan correctional facilities:
- Prisoners within the facility
- Employees, including other State of Michigan employees entering a facility
- Other members of the public, including visitors, volunteers, vendors, and anyone not defined as an employee
Strip searches consist of a visual inspection of the body’s surfaces after removing all or most of the articles of clothing and jewelry. Cavities of the body officers may visually inspect during a strip search are the mouth, nostrils, ears, and genital exterior. Vaginal inspections in a strip search require approval by the Warden or designee.
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Consequences of Refusing a Strip Search
What happens if you refuse a strip search when entering a Michigan correctional facility depends on who refuses the search. The criteria for searches vary depending on your role within the system. Procedures for strip searches must follow strict criteria and reporting procedures.
If you feel a violation of your rights in the request of a strip search occurs, contact a civil litigation lawyer in Michigan as soon as possible. Discussing the events during a strip search with a Michigan illegal strip search lawyer may identify crucial breaches in procedures and violations. Additionally, a violation of your right to privacy may occur during the search process.
A copy of the report of a strip search or your refusal of a strip should be given to you if you are an employee or member of the public. One of the things a civil litigation lawyer does is ensure your Fourth Amendment rights. The following consequences apply to individuals refusing a strip search.
Prisoners Refusing a Strip Search
Prisoners may not refuse a strip search. They are subject to these searches whenever a correctional facility’s employee determines it is necessary and, at other times, the directive implies. The use of force is possible to ensure a prisoner submits to a strip search.
Employees Refusing a Strip Search
Employees can refuse a strip search unless a warrant is obtained. A request for a strip search must meet the conditions in the directive. An employee refusing to submit to a strip search may face disciplinary action and entry denial into a correctional facility.
Members of the Public Refusing a Strip Search
You may refuse a strip search if you are part of the public seeking access to a correctional facility. Requesting a strip search is possible only if specific conditions exist. Obtaining a search warrant is necessary for a forced submission to a search, and a refusal will result in a refusal to visit or enter the facility on that occasion.
Conditions for the Request of a Strip Search of an Employee or Member of the Public
Incarcerated individuals face a multitude of conditions that subject them to strip searches. Contact White Law PLLC and speak with a Michigan illegal strip search attorney if a search does not fall within guidelines. Requesting employees and members of the public submit to a strip search can only occur when meeting these conditions:
- Reasonable suspicion the person is concealing contraband or criminal evidence
- Written authorization by the Warden exists
- The person conducting the search and other persons present are the same gender as the person undergoing a strip search
- The search occurs where no one may observe except the persons conducting and assisting with the search. Recording cannot happen without authorization by the Warden.
- A written report is submitted by the end of the shift and given to the searched individual unless the deletions permitted by the Freedom of Information Act apply.
An illegal strip search lawyer in Michigan can help determine if a reasonable suspicion exists for the request. Law enforcement must reasonably presume that a crime will be or has been committed. Otherwise, the request for a strip search may go against policy and your rights.
We understand that you may be going through a difficult situation and we are ready to help however we can.
How an Illegal Strip Search Lawyer Can Help You
In the heat of the moment, overlooking the laws applying to a strip search in Michigan may occur. Who completes the search, what your expectation of privacy is, and what the actions are in a strip search are vital to determining the legality of the search. An illegal strip search attorney in Michigan can help you by:
- Determining if a strip search was conducted legally and whether the actions against you for refusing a search violate your rights
- Applying state and federal law in reviewing the evidence in a strip search
- Guidance on legal action you can take for civil rights violations
Crossing the line beyond visual inspection in a strip search may lead to instances of sexual assault. The number of sexual assaults within Michigan correctional facilities led to the creation of the Prison Rape Elimination Act of 2003 (PREA) to combat prisoner abuse.
Contact a Michigan illegal strip search attorney at White Law PLLC to schedule a consultation to discuss a Michigan strip search, your rights, or any incident of sexual assault.
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