CJ 3552 Lecture Notes - Lecture 4: Curtilage, Strip Search, Affidavit
29 Aug 2016
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Strip searches of inmates are generally okay if the scope of the search is balanced with justification. o. A strip search of a visitor requires reasonable suspicion. Question: does the 4th amendment apply to the situation? o. If it does, the preference becomes that the search be done with a warrant. The police have information that a crime occurred (or is occurring). They hopefully have enough information to establish probable cause: application for search warrant. The application must be submitted to a judge or magistrate. o. Purpose of the warrant requirement: to ensure an impartial judgment between citizen and state. In this case, the attorney general issued the warrants instead of a judge/magistrate. o. The warrant must be submitted by a judge/magistrate even in matters on national security (u. s. v. u. s. district court, 1972). o. The officer must sign an affidavit (official documentation).
