strip search law

New Orleans Criminal Defense Attorney Elizabeth Carpenter says that strip searches must follow the rule of law. A strip search is a method of search used by police, usually for the purpose of finding drugs or a weapon being carried by a suspect. Strip searches can often be more invasive than a regular pat-down search. They can involve a wide spectrum of activities, including: Asking the suspect to remove clothing or other items on their physical body. If you are the victim of an illegal strip search contact a New Orleans Defense lawyer such as Elizabeth Carpenter. Searching or probing of bodily parts, cavities, and crevices (such as underneath a fold of skin). Partial strip searches, wherein the person is asked to remove shoes, socks, coats, jackets, belts, underwear, or untuck their shirt. This is not a strip search. Strip searches can often cause the suspect to feel that their privacy has been invaded, and many persons may feel a certain indignity when subjected to a strip search.
An attorney specializing in defending against illegal strip search can help you with your rights. For this reason, a strip search must be supported by reasonable suspicion before a police officer can perform one. This means that the police must reasonably suspect that the person is engaged in some form of crime that requires them to be strip searched. The laws covering strip searches are somewhat unclear and can vary according to jurisdiction. In general, a strip search is considered to be inappropriate if it is performed: Without a reasonable suspicion of criminal activity, By an officer of the opposite sex, In the presence of persons of the opposite sex, In a manner that exposes the person’s body to the public, and In a manner that is degrading, insulting, offensive, or overly intrusive. Some New Orleans court cases have raised concerns regarding strip searches being performed on persons who have not yet been charged with a crime. Many jurisdictions may rule that it is inappropriate to strip search a person if they have not been convicted of any crime, especially if the strip search is unrelated to the type of crime involved (for example, performing a strip search for a simple traffic violation). Criminal Defense Attorney New Orleans. Elizabeth B Carpenter Law Firm (504) 599-5955 201 St Charles Ave Suite 2500, New Orleans, LA 70170

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By |2020-03-11T17:56:47+00:00August 3rd, 2015|
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