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County Likely To Pay In Jail Strip Search Lawsuit

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Sep 2, 2009 8:55 pm US/Eastern

County Likely To Pay In Jail Strip Search Lawsuit

PITTSBURGH (KDKA) ― Allegheny County taxpayers may be on the hook for millions of dollars in damages over strip searches at the county jail.

A federal magistrate has ruled that the practice violated the constitutional rights of thousands of suspects by subjecting them to strip searches without probable cause.

Every day, dozens of suspects are brought to the county jail for processing. Some are accused of serious crimes like rape and murder and others of lesser offenses.

In a class action lawsuit, these lesser offenders accuse the county of subjecting them to strip searches regardless of the seriousness of the offense.

"Listen, if you're a violent criminal, you should be strip-searched. If you're arrested for not paying your child support there isn't a basis to have you strip-searched and have all your body cavities looked at," Rob Peirce, the plaintiffs' attorney, said.

A federal magistrate agrees ruling the county violated Fourth Amendment rights protecting against unreasonable searches and seizures.

"These individuals were arrested for minor crimes. They were not violent in nature," Peirce said.

"There was not a suspicion that drugs may have been involved that they could be smuggling drugs or weapons into the jail and this court has rightly ruled that the constitution protects people," he added.

The county declined comment but through technology, it has since changed its policy altogether, purchasing two so-called scanners at $135,000 a piece.

By blasting the person with jets of air and then scanning the airborne particles, the scanners can detect traces of narcotics or explosives on a fully-clothed person.

Across the country, judges and juries have awarded other plaintiffs plenty.

- In Camden, NJ, $7.5 million
- Boston, MA, $10 million
- San Bernadino, CA, $25 million
- New York City, NY, $50 million

There is a chance the trial judge would reverse the decision but both sides agree that is highly unlikely.

The question now becomes not whether the county will pay, only how much the county will pay.

(© MMIX, CBS Broadcasting Inc. All Rights Reserved.)

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