CJ 2024 Lecture 7: Ch. 7: The 4th Amendment Notes
Document Summary
Legal issues in corrections: chapter 7-the fourth amendment. The fourth amendment: the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated . The government cannot conduct unreasonable searches and seizures, or without warrant. The balancing test: courts determine the reasonableness of a type of search by balancing the degree to which the search intrudes into a person"s reasonable expectation of privacy against the government"s need for search. Griffin v. wisconsin (1987): ruled that inmates on probation are not protected by the fourth amendment. A low level of cause for search; probable cause is somewhat higher level of cause. A strip search: body-cavity search, reasonable suspicion is required, due to intrusiveness, must be conducted by a practitioner or nurse, only in time of emergency (i. e. riot) may a staff member conduct such search.
