The court stated: The search must be performed by a deputy of the same sex as the detainee, and it involves no touching. The police should tell people that the public area has become a designated area. The officer may do a search without a warrant when:. They do not have to do this if there are urgent or serious circumstances that mean they cannot get one of these people to be with you.
Ask the police officer why they want to search you. The issue of strip searching persons who have opportunity and motive based on the fact that they leave lock-up for a period of time and then return was addressed in Johannes v. If the police do not have the legal right to search you or your property you can say no.
Some agencies have taken pro-active steps to avoid this type of viewing while maintaining a level of security. Specifically, that viewing persons during the change-over or showering process without having individualize reasonable suspicion to believe that the person is concealing weapons or contraband, would violated the 4th Amendment limitations on strip searches. The second is a strip search for institutional security in the jail or lock-up setting. The issue of strip searching persons who have opportunity and motive based on the fact that they leave lock-up for a period of time and then return was addressed in Johannes v. This Court and other courts have on several occasions addressed the question whether "security concerns" inherent in placing prisoners together in the same facilities justify strip searches.