Pubdate: Fri, 25 Jul 2003
Source: Clarion-Ledger, The (MS)
Copyright: 2003 The Clarion-Ledger
Contact: http://www.clarionledger.com/about/letters.html
Website: http://www.clarionledger.com/
Details: http://www.mapinc.org/media/805
Author: Jeremy Hudson

SUIT FILED OVER STRIP SEARCHES IN TUPELO

People arrested on misdemeanor charges and taken to the Lee County-Tupelo 
Adult Detention Center are being subjected to illegal strip and body cavity 
searches, a federal lawsuit claims.

The suit, filed in U.S. District Court in Aberdeen, says 39 plaintiffs, 24 
of whom were arrested on traffic violations, had their privacy invaded by 
such searches.

Tupelo attorney Will Bristow and Iuka attorney Mike Cooke claim in the 
lawsuit filed Monday that the jail has operated under a policy in which 
"officers were encouraged to strip search and perform visual body cavity 
searches and other intrusive searches upon persons." The searches were done 
"without a search warrant and in situations where it was not reasonable to 
believe that any contraband or weapons had been concealed on their person," 
the suit adds.

Federal court decisions have held state jailers are required to have a 
reasonable suspicion the person being arrested has drugs or weapons before 
a strip search is allowed.

The suit, which represents only one side of a legal argument, was filed 
against Lee County, the city of Tupelo and unnamed city and county law 
enforcement officers.

It asks for a stop to strip searches for minor offenses where there is no 
probable cause the person arrested is concealing contraband or weapons. It 
also seeks unspecified cash damages for pain, suffering, mental anguish and 
humiliation; payment of medical expenses; and attorney fees.

Many of the alleged violations occurred in 2000 and 2001 under the 
administration of Sheriff Harold Ray Presley, who was shot and killed in 
the line of duty in 2001. Two of the alleged searches have occurred while 
current Sheriff Larry Presley, Harold Ray's brother, has been in office.

Under Harold Ray Presley's administration, the policy became almost uniform 
after juvenile detention officer Casey Harmon, 20, was shot and killed by 
Steven Farris in 1998. Farris, who received a life sentence, sneaked a gun 
into the jail and shot Harmon in the back of the head.

Tupelo third-grade teacher Karen Johnson is not a party to the lawsuit, but 
her experience with the county's practice in 2001 made the news and raised 
the ire of several people, particularly educators.

Johnson was arrested and strip-searched after a student's parent filed a 
complaint because Johnson disciplined the student at school. She said then 
that officers had no reason to believe she might have drugs or weapons.

Larry Presley said the searches are still done at the jail, but only on 
people who are going to be booked in to stay.

"If they are booked in on misdemeanors, we try to handle that up front and 
get them bonded out so they don't have to go to the cell block," Presley said.

Lee County jail administrator Bryan Hall said the law is unclear in 
determining who can and who can't be subjected to a strip search.

"My idea of reasonable suspicion might be different from somebody else's," 
Hall said. "For example, shoplifters might still have something they are 
concealing, and the same with other misdemeanor crimes. We just can't allow 
any contraband to get to the back of this jail.

"We've found knives, pills and syringes on people. ... It's amazing what 
people hide and where they hide it."
- ---
MAP posted-by: Jay Bergstrom