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PART 6: Criminal Rights: Chapter Twenty-Six: Stripped Of Our Rights (2)
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weapons, drugs, or other contraband.” A federal judge agreed. On appeal, the Third Circuit Court of Appeals reversed, two to one, holding that the “jails’ interest in safety and security outweighed the privacy interests of detainees – even those accused of minor crimes.”

 

Judge Thomas Bull dissented at the Court of Appeals:

 

The majority sweeps away twenty-five years of jurisprudence, giving jailors the unfet-tered right to conduct mandatory, routine, suspicionless body cavity searches on any citizen who may be arrested for minor offenses, such as violating a leash law or a traffic code, and who pose no credible risk for smuggling contraband into the jail.

 

The case was subsequently appealed to the United States Supreme Court. The Court granted...

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