PRISON SEARCHES

JAIL/PRISON SNIFFS:

Barrier sniffs of any person going into a jail / prison (putting a barrier between the person and the dog) is widely used in a custody setting. That way, even an “aggressive” final response dog may be used as well.

A) Romo v Champion (46 F. 3d 1013 (1995) Tenth Circuit

Stop of a vehicle at a roadblock as the vehicle attempted to enter a prison, in order to facilitate drug-sensing dog’s sweep of car and its occupants, did not violate Fourth Amendment.

Even absent reasonable suspicion, search of vehicle entering prison, consisting of ordering driver to open doors and trunk of car, and dog’s sniff of vehicle and of its occupants’ bodies for purpose of detecting narcotics, was reasonable.

To the extent that drug-sniffing dog’s nose physically touched “private area” of car occupant’s lap, contact was purely incidental and such brief, unintentional touch was reasonable.

After drug-sniffing dog alerted to visitor at prison, officials had at least reasonable suspicion that visitor was concealing narcotics and, thus, ordering her to submit to strip search before entering prison was constitutional.

B) United States v Prevo (435 F. 3d 1343 (2006) Eleventh Circuit

Search of vehicle belonging to visitor of work release correctional facility was reasonable under the Fourth Amendment. Signs posted at entrance to facility’s parking lot stated that all vehicles were subject to search.

Keeping contraband out of prison was critical security measure served by unscheduled searches of cars in visitor parking lot. Visitor’s diminished expectation of privacy in her automobile was reduced further upon entering prison grounds and seeing sign warning that visitors were subject to search.

Search of car belonging to visitor of work release correctional facility, performed pursuant to signs posted at entrance to facility’s parking lot stating that all vehicles were subject to search, was not rendered unreasonable by visitor’s request to leave without her car being searched.

Officers conducting searches of vehicles in visitor parking lot of work release correctional facility were not vested with unbridled discretion, as would render search of defendant’s car unreasonable. All vehicles entering the parking area were being stopped and searched on day that defendant’s car was searched.

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