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Gingersnap
05-21-2009, 12:01 PM
Female guards OKd to strip-search male inmates
Bob Egelko, Chronicle Staff Writer

Thursday, May 21, 2009

(05-20) 17:43 PDT SAN FRANCISCO -- A male prisoner can be strip-searched by a female guard even if male officers are available, a federal appeals court has ruled.

In a 2-1 decision, the Ninth U.S. Circuit Court of Appeals in San Francisco dismissed an Arizona inmate's claims that jail officials had violated his rights by having a female guard trainee search inside his shorts and pat down his genitals.

The inmate, Charles Byrd, was in Maricopa County's minimum-security Durango Jail awaiting trial in October 2004 when officials ordered searches of everyone in his unit after a series of fights.

Byrd was ordered to strip down to his shorts. A female cadet from a training academy pulled out his waistband, patted down his groin through the shorts and felt his buttocks to check for contraband, the court said. The woman said the search had lasted no more than 20 seconds, while Byrd estimated one minute.

Byrd sued, claiming he had suffered pain and humiliation. A jury found no evidence that the probe had been conducted painfully, and the appeals court upheld a judge's ruling that the search was constitutional.

"We are troubled by the overall circumstances," said Judge Sandra Ikuta in this week's majority opinion, describing the search as both invasive and embarrassing. But she noted that the court had allowed female guards to pat down clothed male prisoners and observe naked male inmates, and said the jail had legitimate security needs in this case.

Although male guards were available, an officer testified that there hadn't been enough men to search all the inmates, Ikuta said. A ban on searches by female guards would "significantly limit" their usefulness, she said.

In dissent, Judge Ferdinand Fernandez, the only man on the panel, said, "Cross-gender strip searches are generally uncalled for and unreasonable," and should be allowed only in emergencies.

Ewww! Why is this okay? :mad:

SF Gate (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/05/20/BAKI17O6C0.DTL&feed=rss.news)

stsinner
05-21-2009, 12:05 PM
That ninth circuit is so messed up!! Never in a million years would they okay the opposite... These radical left-wing judges need term limits!!!

FeebMaster
05-21-2009, 12:48 PM
I don't know, I think I'd rather have some chick patting down my junk than some random dude who might have a weird gay prison scene fetish.

noonwitch
05-21-2009, 01:07 PM
I have a lawyer friend who used to work for the state attorney general's office. We were discussing issues regarding gender of COs vs the gender of the inmates they are working with. My basic position is that females should guard females and males should guard males. The problem with that, she said, is that there are two women's prisons and numerous men's prisons in Michigan. There are good jobs at the men's prisons, and female employees want those jobs.


Whatever, but the actual searches should be done by the same gender as the inmate, or with a witness of the same gender in the room. Female inmates (or delinquents or foster kids) will make accusations against males that may have no merit whatsoever. None of our male workers ever transports a female child or parent without a female worker or assistant in the car with him. Policies like that do prevent false and baseless lawsuits.

Lars1701a
05-21-2009, 01:07 PM
I don't know, I think I'd rather have some chick patting down my junk than some random dude who might have a weird gay prison scene fetish.

I can see where your mind is. :rolleyes:

AlmostThere
05-22-2009, 02:18 AM
...... The problem with that, she said, is that there are two women's prisons and numerous men's prisons in Michigan. There are good jobs at the men's prisons, and female employees want those jobs.

Are you saying that guys commit much more crime than women??? :eek:

If the truth of that wasn't so painfully obvious, I'd be offended.

lacarnut
05-22-2009, 02:49 AM
I don't know, I think I'd rather have some chick patting down my junk than some random dude who might have a weird gay prison scene fetish.

In San Fran, I will take the chick patting me down 6 days a week and twice on Sunday.

RobJohnson
05-22-2009, 02:04 PM
I don't know, I think I'd rather have some chick patting down my junk than some random dude who might have a weird gay prison scene fetish.

Have you seen most female guards? I'm pretty sure this is the only way most of them could ever see a naked man.
:D

RobJohnson
05-22-2009, 02:06 PM
HA!


The woman said the search had lasted no more than 20 seconds, while Byrd estimated one minute.

Typical male.