Everything You Need To Know About Strip Searching Laws
This information will help you to understand more about police powers to search. Find out: when police can carry out a search what you should do if police want to search you or your property, and how searches should be carried out. When can police carry out a search? Police can search your place : to look for a suspect or person who has possession of something relevant to an offence while you are under arrest for a serious offence, or when they suspect offences have been committed involving family violence or prostitution.
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What should I do if police want to carry out a search? Ask the police what legal power they have to carry out the search if you don't know or they have not told you.
Florence in New Jersey in Florence was in the passenger seat of his BMW when a state trooper pulled his wife, April, over for speeding. A records search revealed an outstanding warrant for Mr. The information was wrong; the fine had been paid. Florence was held for a week in jails in Burlington and Essex Counties, and he was strip-searched in each. There is some dispute about the details, but general agreement that he was made to stand naked in front of a guard who required him to move intimate parts of his body. The guards did not touch him. Florence, in an interview last year , recalled being told by jail officials.
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Spread your cheeks. View all New York Times newsletters. Florence, a finance executive for a car dealership. Big guy. It was humiliating. It made me feel less than a man. Justice Kennedy said the most relevant precedent was Bell v. Wolfish , which was decided by a 5-to-4 vote in The majority and dissenting opinions drew differing conclusions from the available information about the amount of contraband introduced into jails and how much strip searches add to pat-downs and metal detectors.
This will say:. A police officer usually needs a warrant to enter and search private property, such as your home.
When the police can stop and question you
The officer may do a search without a warrant when:. This is when the police officer uses their hands to feel over the outside of your clothes. The police officer can:.
This is when the police officer removes and searches all of your clothing. An officer will usually do a strip search when they are looking for something they could not find in a pat-down search. A police officer can only do a strip search in a private place, usually at a police station.
They must follow the rules for a pat-down search. They do not have to do this if there are urgent or serious circumstances that mean they cannot get one of these people to be with you. That other person could be another police officer.
Police powers to search | Legal Aid WA
It could mean the police officer believes it would take too long for the parent, guardian or independent person to get there. You do not have to agree to an internal body search. The police must get a court order to do the search if you refuse. Get legal advice as soon as possible if you are not happy with how the search was done. Ask the police officer why they want to search you.
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Do this even if the police officer has a warrant or the authority to search you.