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CA: Female guards OKd to strip-search male inmates (Ninth U.S. Circuit Court of Appeals)
SFGate.com ^ | 5/20/09 | Bob Egelko

Posted on 05/20/2009 8:27:07 PM PDT by NormsRevenge

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.

(Excerpt) Read more at sfgate.com ...


TOPICS: Crime/Corruption; Government; US: California
KEYWORDS: 9thcircuit; calprisons; femaleguards; inmates; stripsearch
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1 posted on 05/20/2009 8:27:07 PM PDT by NormsRevenge
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To: NormsRevenge

Not sure of my take here...I guess it depends on the particular guard you’re dealing with.


2 posted on 05/20/2009 8:30:05 PM PDT by BobL (Drop a comment: http://www.freerepublic.com/focus/f-chat/2180357/posts)
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To: NormsRevenge





It needed to be posted.

3 posted on 05/20/2009 8:30:52 PM PDT by Richard Kimball (We're all criminals. They just haven't figured out what some of us have done yet.)
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To: NormsRevenge

I think i’d rather have a female do it anyway


4 posted on 05/20/2009 8:31:12 PM PDT by Safrguns
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To: NormsRevenge

Definitely a touchy situation.


5 posted on 05/20/2009 8:31:36 PM PDT by jazusamo (But there really is no free lunch, except in the world of political rhetoric,.: Thomas Sowell)
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To: BobL
...no evidence that the probe had been conducted painfully

Ok, now admit it -- that got you squirming a bit.

6 posted on 05/20/2009 8:31:48 PM PDT by ProtectOurFreedom
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To: NormsRevenge

7 posted on 05/20/2009 8:32:31 PM PDT by Safrguns
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To: NormsRevenge
A male prisoner can be strip-searched by a female guard even if male officers are available, a federal appeals court has ruled

Are male guards allowed to strip search female prisoners, even if female officers are available?

What's good for the goose is good for the gander.

8 posted on 05/20/2009 8:32:56 PM PDT by Jess Kitting
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To: NormsRevenge

>> 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

Sounds like the “full service” lane to me...

female cadet? Prolly a young thing to boot.


9 posted on 05/20/2009 8:33:43 PM PDT by Nervous Tick (Stop dissing drunken sailors! At least they spend their OWN money.)
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To: Richard Kimball
Takin' it off her boss.....
10 posted on 05/20/2009 8:36:53 PM PDT by jakerobins
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To: Safrguns

Not if she’s a bull dyke who hates men.


11 posted on 05/20/2009 8:38:13 PM PDT by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: NormsRevenge

Did she find a weapon in there anywhere?


12 posted on 05/20/2009 8:39:44 PM PDT by MARTIAL MONK
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To: jakerobins

The Fantasy.

The Reality


13 posted on 05/20/2009 8:40:37 PM PDT by dfwgator (1996 2006 2008 - Good Things Come in Threes)
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To: Secret Agent Man

ok... yeah.. thats a little scary...
cause then she would be able to get away with it.
Think i’ll just stay out of jail.


14 posted on 05/20/2009 8:46:33 PM PDT by Safrguns
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To: NormsRevenge

Bump


15 posted on 05/20/2009 8:50:44 PM PDT by Tennessee Nana
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To: Jess Kitting

“Are male guards allowed to strip search female prisoners, even if female officers are available?”

The 64 dollar question....


16 posted on 05/20/2009 9:23:34 PM PDT by Crim
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To: Jess Kitting

Males and females are fundamentally different. Different enough in this case to allow this. And if you can’t see why males should be precluded from stripping females than I would guess that you don’t know or appreciate that difference.


17 posted on 05/20/2009 9:27:30 PM PDT by onedoug
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To: onedoug

“Males and females are fundamentally different.” No kidding.

“And if you can’t see why males should be precluded from stripping females than I would guess that you don’t know or appreciate that difference.”

I think we all know about the “difference”. What I would ask you is about “equality” since that is the biggest thing going for those who espouse liberal positions. When equality and difference come head to head, who gets to say which argument wins. Is it o.k. to cherry pick? female searching male, male searching female.
How about a Lesbian searching a female, or a Fag searching a male?


18 posted on 05/20/2009 9:45:26 PM PDT by Islander2 (Abort Planned Parenthood and other abortuaries)
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To: onedoug

HUGH can of worms /Bump


19 posted on 05/20/2009 9:52:19 PM PDT by MaxMax (America's population is 304-Million. Obama must punish America for the other 4.7 Billion)
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To: Jess Kitting

female guards may be all business and not the least interested in his junk cuz he is in prison and therefore beneath her contempt. male guards may consider the female prisoner to be fair game cuz she wouldn’t be in prison if she wasn’t a ho. perhaps that is the rationale for any difference in treatment. how much you wanna bet that is what the screaming lib feminazis say about it.


20 posted on 05/20/2009 10:06:58 PM PDT by madamemayhem (what would john wayne do?)
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