Deck 3: Searches, Seizures, and Privacy

Question 1

Which of the following persons can be searched upon entry into a correctional facility?

A) Inmates
B) Visitors
C) Employees
D) All of the above

Answer 1

All of the above

Question 2

Which of the following is NOT one of the institutional needs considered when determining the reasonableness of prison searches and seizures?

A) Security
B) Order
C) Authority
D) Rehabilitation

Answer 2

Authority

Question 3

In __________, the Supreme Court ruled that "a prisoner has no reasonable expectation of privacy in his prison cell entitling him to the protection of the Fourth Amendment against unreasonable searches."

A) Hudson v. Palmer
B) Bell v. Wolfish
C) Illinois v. Lafayette
D) Florence v. Board of Chosen Freeholders

Answer 3

Hudson v. Palmer

Question 4

In __________, the Supreme Court approved both body cavity searches and cell searches.

A) Hudson v. Palmer
B) Bell v. Wolfish
C) Illinois v. Lafayette
D) Florence v. Board of Chosen Freeholders

Question 5

On which of the following characteristics of inmate searches has the Supreme Court NOT ruled?

A) Strip searches
B) Body cavity searches
C) Cross-sex searches
D) Pretrial detainee searches

Question 6

In Johnson v. Phelan, the Seventh Circuit stated that there are two justifications for cross-sex searches and monitoring: __________ and __________.

A) Inmates have no privacy rights; they make good use of the staff
B) They further the goals of the institution; inmates have no privacy rights
C) They reduce the need to make sex a criterion of employment; they further the goals of the institution
D) They make good use of the staff; they reduce the need to make sex a criterion of employment

Question 7

It has generally been held that __________ are entitled to the same rights as free citizens except to the extent necessary to assure their appearance at trial and the security of the institution.

A) Pretrial detainees
B) Prison inmates
C) Jail inmates
D) Prison visitors

Question 8

In __________, the Supreme Court ruled that an arrestee's personal bag may be "inventoried" during booking without violating the Fourth Amendment.

A) Hudson v. Palmer
B) Bell v. Wolfish
C) Illinois v. Lafayette
D) Florence v. Board of Chosen Freeholders

Question 9

According to the Supreme Court, reasons justifying the search of an arrestee's bag during booking include all of the following EXCEPT:

A) Orderly police administration
B) Obtaining evidence to use at trial
C) Protection of a suspect's property
D) Deterrence of false claims of theft against the police

Question 10

In __________, the Supreme Court ruled that jail officials can conduct strip searches of arrestees during booking, even those charged with minor offenses.

A) Hudson v. Palmer
B) Bell v. Wolfish
C) Illinois v. Lafayette
D) Florence v. Board of Chosen Freeholders

Question 11

According to the Supreme Court, which of the following is NOT one of the significant interests that correctional officials have for conducting a strip search of arrestees being booked?

A) Exhibiting the authority of jail officials
B) Screening for medical issues
C) Screening for evidence of gang affiliation such as scars or tattoos
D) Detecting weapons, drugs, and other contraband

Question 12

According to the Sixth Circuit, although prison authorities do not need a warrant to conduct strip searches of visitors, they do have to have at least __________ that the visitor is carrying contraband before conducting such a search.

A) Proof beyond a reasonable doubt
B) Probable cause
C) Reasonable suspicion
D) A preponderance of the evidence

Question 13

Searches of both inmates and their living areas are common in prisons.

Question 14

The primary justification for conducting strip searches in prisons is to display prison official's authority over inmates.

Question 15

Prison officials can limit inmates' constitutional rights if they are inconsistent with the goals of incarceration.

Question 16

In Hudson v. Palmer, the Court stated that "it would be impossible to accomplish the prison objectives of preventing the introduction of weapons, drugs, and other contraband into the premises if inmates retained a right of privacy in their cells."

Question 17

There are no factors that can counterbalance the institutional needs of security, order, and rehabilitation, and that can make a cell search unreasonable.

Question 18

Prison officials may conduct body cavity searches of inmates after contact visits.

Question 19

According to the Supreme Court in Bell v. Wolfish, body cavity searches conducted after a contact visit must be based on probable cause that the inmate has contraband on his or her person.

Question 20

In 2020, the Seventh Circuit ruled that a training exercise was not a legitimate security interest justifying mass strip searches at a female prison.

Question 21

Neither the Supreme Court nor any federal appellate courts have ruled on the topic of cross-sex searches.

Question 22

Although a pretrial detainee may be subject to some of the same restrictions as convicted inmates, the restrictions are not unconstitutional unless they amount to punishment.

Question 23

Most correctional facilities have clearly-posted signage stating that all visitors-including employees-and their belongings are subject to search prior to entering the prison.

Question 24

Courts have ruled that prison visitation may be conditioned on the willingness of visitors to submit to reasonable searches of their property and person.

Question 25

For each of the scenarios below, use the case law presented in this chapter to discuss whether correctional officials would be able to conduct a strip search.
$\bullet$ An inmate is returning to the general population after a noncontact visit with his wife.
$\bullet$ Prison officials receive an anonymous tip from another inmate that inmate Smith has drugs hidden in his anus.
$\bullet$ A male prison officer has reasonable suspicion that a female inmate smuggles contraband inside her underwear.

Question 26

Summarize the prevailing case law on cross-sex searches in prisons.

Question 27

Discuss the differences in the Fourth Amendment protections afforded to pretrial detainees and convicted inmates.