Body Cavity Searches of Jail Inmates

• Body Cavity Searches of Jail Inmates

Intrusive body cavity searches of jail inmates may be unlawful, depending upon the availability of a less intrusive means of determining whether the inmate is hiding contraband in her body.

In May, 2017, plaintiff Sharon Lynn Brown was arrested for petty theft (shoplifting) and taken to jail in Polk County, Wisconsin.  The day after her arrest, two inmates ratted her off, telling jail staff that plaintiff was hiding drugs in her body.  The Polk County jail had a written policy at the time permitting officials to have medical personnel perform “an inspection and penetration of the anal or vaginal cavity . . . by means of an instrument, apparatus, or object, or in any other manner” whenever they had “reasonable grounds” to believe a detainee was concealing “weapons, contraband, or evidence,” or otherwise “believe[d] that the safety and security of the jail would benefit” from such a search.  Based upon this information, and without seeking any corroboration or conducting any further investigation, correctional officer Steven Hilleshiem sought permission ....