The Fourth Amendment in Jail
Prisoner and Arrestee Rights While in Custody
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated …” — U.S. Constitution, Amendment IV). The Fourth Amendment protects a person’s reasonable expectations of privacy by prohibiting the government from conducting “unreasonable” searches and seizures. The reasonableness of a type of search varies, depending on its intrusiveness and the government’s reasons for conducting the search. Jail, by definition, reduces the “expectation of privacy” of all entering, including inmates, visitors, and staff. The question in many lawsuits is how much the expectation of privacy is lowered…
