LEGAL QUESTIONS ANSWERED
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Question Title: Strip searching confidential informants
E-Newsletter
Edition: May 14, 2008
Response Provided
By:
Brian S. Batterton, J.D.
Always note that state law may be
more restrictive on police power than the U.S. Constitution.
What is the liability in strip searching confidential informants before and after conducting a controlled drug purchase?
There have been local issues at our jail in regards to strip searches on trustees and work release inmates. The judges view them as unconstitutional unless there is reasonable suspicion. I would like to know if we would run into the same problems with confidential informants.
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You are correct that, in a jail setting, generally reasonable suspicion is needed to justify a strip search. However, when dealing with informants, there are certain standards and procedures that must be followed in order for an informant to provide the necessary probable cause to justify a search warrant.
For example, a confidential informant (CI) that is going to purchase narcotics at a particular location should be thoroughly searched in order to eliminate the possibility that the CI brought, rather than bought, the narcotics. If your courts or prosecutors require a strip search under this circumstance, that search should be accomplished with the consent of the CI. If you require the strip search of a CI prior to a controlled purchase, and the CI refuses to submit to the search, then do not use that person as a CI. Of course, even a consensual search such as this should be accomplished by an officer of the same sex as the CI. |
