What is the current state of the law on rectum searches in prison?

MultiRegion, United States of America

The following excerpt is from Kennebrew v. Peterson, 967 F.2d 587 (9th Cir. 1992):

"By 1984, it was clearly established that the [f]ourth [a]mendment requires that rectal searches in prison be conducted with reasonable cause and in a reasonable manner.... A violation of the [f]ourth [a]mendment may be predicated on a finding either that cause was lacking or that the search was conducted in an unreasonable manner." Vaughan, 950 F.2d at 1468-69 (citing Bell v. Wolfish, 441 U.S. 520, 559 (1979)). Moreover, prisoners have a clearly established right to be free from digital rectal searches conducted for purposes unrelated to legitimate penological concerns. Tribble, 860 F.2d at 325-27. A digital rectal search also may violate the eighth amendment if it is not related to any legitimate penological concerns. See id. at 325 n. 6.

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