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 from the jail administrator, Wes Revels, to take plaintiff to a doctor for a body cavity search.  With Revels’ approval, plaintiff was therefore transported to a local hospital where a male doctor performed an ultrasound.  This procedure, however, failed to reveal any foreign objects. So the doctor took it a step further and inserted a speculum into her vagina, spread open the vaginal walls, and shined his headlamp inside. He did the same to her anus. Still not finding any contraband, plaintiff was simply returned to jail.  Plaintiff later sued in federal court, alleging a violation of her  Read More