Individuals detained in jail have the right to protection under the law. However, these rights fall into gray areas of uncertainty about what actions can be taken against you. Strip searches in jail are one of those situations that feel violating but may happen to detainees and even jail staff under suspicion of illegal activity.
The team at White Law PLLC offers 20 years of combined experience, ready to work for you when you suspect an illegal strip search in Michigan has violated your rights. Using the latest technology, an illegal strip search lawyer in Michigan can keep you or your loved ones informed about your case no matter where you are. You deserve honest, straightforward answers to your questions and legal representation that offers proven solutions to complex situations.
Who Can Be Strip Searched in Jail in Michigan
Strip searches may occur in a jail environment in Michigan. Strip searches are legal in jail when specific factors exist. When your arrest or detainment occurs as the result of a misdemeanor offense and is punishable by a civil fine, then a strip search is not permitted (MCL §764.25a(2)) unless both factors apply:
- A reasonable cause exists that you are concealing crime evidence, a controlled substance, or a weapon
- Prior authorization by the chief law enforcement officer of the agency has been obtained
However, the laws vary if you are jailed for an offense other than a misdemeanor or detained in a more secure facility. The reason an individual can be searched within the confines of a jail differs from that of other citizens. Reasonable suspicion must exist for a strip search to occur.
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Persons Allowed to Perform a Strip Search
Not all jail personnel are allowed to perform a strip search. Specific criteria should be met when a search occurs. Contact a civil litigation lawyer in Michigan if a strip search in jail does not meet the following requirements cited in the statute above:
- The person performing the search is not the same sex as you
- A law enforcement officer assisting with the search is a different sex than you
- The search is conducted in an area that allows individuals other than the parties performing the search to observe
The situations in a jail facility do not always allow for a calm, controlled environment. Ignoring legal procedure should never be a part of a strip search in Michigan. Even if you are unsure that your rights are violated, discussing a strip search incident with a Michigan illegal strip search lawyer can uncover evidence that identifies a search as an unlawful act.
Information You May Obtain About a Strip Search
A copy of the report detailing the strip search should be given to you after the search occurs. Retain the copy as evidence and review it with a Michigan illegal strip search attorney. The report should include the following information:
- Your name and sex
- The name and sex of the person who conducts the strip search
- The name and sex of the person assisting with the strip search
- Where, when, and what time the search occurs
- Justification of the search
- A list of any items recovered during the strip search
- A copy of the written authorization permitting a legal strip search
If the report you are given does not reflect what you experienced during a strip search in a Michigan jail, then obtaining legal guidance as soon as possible is essential. You may also question why a search occurs and the difference between reasonable suspicion vs. probable cause. Contact White Law PLLC if you have undergone a strip search and did not receive a report detailing the information above.
We understand that you may be going through a difficult situation and we are ready to help however we can.
A Strip Search Differs from a Body Cavity Search
In the events surrounding a strip search, overzealous actions by law enforcement may violate your constitutional rights. The legal process of performing a strip search varies from that of a body cavity search in Michigan. Unless the exemptions outlined in the Code of Criminal Procedure apply, law enforcement must obtain a valid search warrant before performing a body cavity search in Michigan.
A medical professional specified by law must perform body cavity searches. When the person performing the search is of the opposite sex, a member of the same sex as the person being searched must be present during a body cavity search. A report similar to the report accompanying a strip search should be given to you after a body cavity search is performed.
A body cavity search involves a physical intrusion into the body’s cavities to discover concealed objects. Following strict guidelines is crucial during these procedures. When guidelines are ignored, experiencing an act of sexual abuse in a jail setting may occur and should be discussed in the safe environment provided by a sexual abuse lawyer in Michigan with our firm.
You will always work directly with your attorney throughout your case.
How to Identify an Illegal Strip Search in Michigan
Never assume that incidents you feel uncomfortable within a strip search in a Michigan jail should be overlooked. Determining what can and cannot happen is not always clear, and your right to privacy is still in place in a strip search. Discuss your concerns with an illegal strip search attorney in Michigan if these questions provoke concerning answers:
- What was the reason for the strip search?
- Was the reason given for a strip search a legal reason to search?
- Did the appropriate people perform the search?
- Was my privacy violated during the search, such as exposing me to being observed by others during the search?
- Was a body cavity physically intruded upon at any time during the strip search?
- Was I given a copy of the report detailing the strip search?
The best way to determine if a strip search is legal is to contact an illegal strip search lawyer in Michigan. Retain the names of witnesses and any information to share with a member of our team at White Law PLLC, who may provide an extensive investigation into the events surrounding a jail strip search in Michigan.
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