Brief of Amici Curiae Juvenile Law Center et al. in Support of Appellees and Urging Affirmance
Marsha Levick
Jessica Feierman
Elizabeth-Ann S. Tierney
SimpleOriginal

Summary

The strip search of plaintiffs violated their constitutional rights; a ruling holding such strip searches constitutional would subject vulnerable youth to traumatic strip searches.

2012 | Federal Juristiction

Brief of Amici Curiae Juvenile Law Center et al. in Support of Appellees and Urging Affirmance

Keywords Fourth Amendment (U.S.); strip searches; Special Needs Test; juveniles; adolescents; suspicionless strip searches; probable cause; minors; children; teenagers; reasonable suspicion; individualized suspicion; adolescent vulnerability; adolescent development; trauma; Body ID policy; intrusive searches
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Summary of Argument

This case involves a question of exceptional importance regarding the constitutionality under the Fourth Amendment of the breathitt Regional Juvenile Detention Center (BRDC) policy of conducting suspicionless strip searches on juveniles arrested on minor violations - in this case, public intoxication. BRIDC conducted the searches not to locate contraband or weapons, but rather todetect illness, injury, and signs of abuse, and to document deformities, scars or tattoos. No court has ever upheld such a strip search as constitutional. Rather, the body of case law on strip searches in detention centers focuses on the government's interest in protecting safety by intercepting weapons and contraband.

The Constitution protects citizens from unreasonable searches by requiring searches to be based on a warrant and probable cause. In a very limited set of circumstances, government actors may conduct searches when there is a "special need" for the search. A search to detect abuse or injury does not quality as a "special needs" search. As a result, the searches at issue, which took place absent a warrant and probable cause, violated the Fourth Amendment. Moreover, even applying the special needs test, which requires the court to balance the intrusiveness of the search against the need for the information, the search was unconstitutional. The Supreme Court and courts around the country, relying on social science research, have recognized that strip searches are frightening, demeaning and degrading, and that juveniles are particularly vulnerable to harm from such searches. While the government may have an interest in detecting abuse, liness or injury, the search here, conducted by untrained personnel with no medical expertise, was not tailored to accomplish its goals, and cannot outweigh the harm of the strip search.

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Summary of Argument

This case examines the constitutionality, under the Fourth Amendment, of a policy implemented by the Breathitt Regional Juvenile Detention Center (BRJDC) involving suspicionless strip searches of juveniles arrested for minor offenses, specifically public intoxication. Notably, BRJDC's purpose in conducting these searches was not to locate contraband or weapons, but rather to detect potential illness, injury, signs of abuse, and to document physical characteristics like deformities, scars, or tattoos. This practice stands in stark contrast to existing jurisprudence on strip searches in detention facilities, which primarily focuses on the government's interest in ensuring safety by preventing the introduction of weapons and contraband.

The Fourth Amendment safeguards citizens from unreasonable searches by mandating that searches be supported by a warrant and probable cause. While exceptions exist for "special needs" searches, the search in question does not qualify as such. Consequently, the strip searches conducted without a warrant or probable cause constitute a violation of the Fourth Amendment. Even when applying the special needs test, which necessitates a balancing of the search's intrusiveness against the government's need for information, the search remains unconstitutional.

The Supreme Court and numerous other courts, drawing upon social science research, have consistently acknowledged the inherent frightening, demeaning, and degrading nature of strip searches, particularly for juveniles who are especially vulnerable to harm from such procedures. While the government may possess a legitimate interest in identifying potential abuse, illnesses, or injuries, the specific search in this case, conducted by personnel lacking medical expertise and without a tailored approach, falls short of achieving its intended goals. This failure to adequately address the stated objectives cannot outweigh the significant harm inflicted by the strip search.

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Summary of Argument

The constitutionality of a policy requiring suspicionless strip searches of juveniles arrested for minor offenses is at the heart of this case. The Breathitt Regional Juvenile Detention Center (BRIDC) implemented this policy to detect illness, injury, signs of abuse, and document physical characteristics. This case sets a precedent as no court has ever deemed such a practice constitutional.

The Fourth Amendment safeguards individuals from unreasonable searches. Typically, searches require a warrant supported by probable cause. However, exceptions exist for searches justified by a "special need." This case presents a unique challenge because the search was not conducted to locate contraband or weapons, which typically fall under the "special needs" exception.

The search in question, performed without a warrant or probable cause, violates the Fourth Amendment. Even if the "special needs" test is applied, balancing the intrusiveness of the search against the need for the information, the search remains unconstitutional. Strip searches are widely acknowledged as intrusive, demeaning, and particularly harmful to juveniles. While the government may have a legitimate interest in detecting abuse or injury, the search in this case was inadequately tailored to achieve its stated goals and cannot justify the inherent harm of the strip search.

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Summary of Argument

This case involves a legal question about whether it's okay for the Breathitt Regional Juvenile Detention Center (BRIDC) to strip search young people without any reason to suspect they're hiding something illegal. BRIDC claims they do this to check for illnesses, injuries, or signs of abuse. However, no court has ever said that this is legal.

The Fourth Amendment of the Constitution says the government can't search people without a good reason and a warrant. There are some exceptions where the government can search people without a warrant, but only if there's a "special need." Searching for abuse or injury doesn't qualify as a "special need." So, BRIDC's searches violated the Constitution because they didn't have a warrant or a good reason to search the kids.

Even if the court considered BRIDC's searches to be a "special need," they still wouldn't be allowed. Strip searches are very intrusive and embarrassing, especially for young people. The Supreme Court has said that strip searches are harmful and can cause serious emotional distress. While the government might have a good reason to look for abuse, these searches weren't done by trained professionals and couldn't guarantee they'd actually find anything. Therefore, the harm caused by the searches outweighs any benefit to the government.

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Summary of Argument

This is a case about the Breathitt Regional Juvenile Detention Center (BRDC). BRDC has a rule that makes kids who are arrested for things like being drunk in public have to take off all their clothes. The court is trying to figure out if this rule is allowed under the Constitution.

The Constitution says the government can't search people unless they have a good reason. BRDC says they search kids to make sure they aren't hurt or sick. But the court has never said this is a good enough reason to search someone without their clothes on. Usually, searches are allowed to find things like weapons or drugs.

The court says the searches at BRDC aren't allowed because they don't have a good reason and they don't have a warrant. Also, even if they did have a good reason, the court says searching kids without their clothes on is too scary and embarrassing, especially for young people. The court thinks the government's reason for searching kids isn't a good enough reason to do something so scary and embarrassing.

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Footnotes and Citation

Cite

Brief of Amici Curiae Juvenile Law Center et al. in Support of Appellees and Urging Affirmance, T.S. v. Gabbard, No. 12-5724 (6th Cir. Nov. 14, 2012).

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