Pubdate: Fri, 25 Jul 2003 Source: Clarion-Ledger, The (MS) Copyright: 2003 The Clarion-Ledger Contact: http://www.clarionledger.com/about/letters.html Website: http://www.clarionledger.com/ Details: http://www.mapinc.org/media/805 Author: Jeremy Hudson SUIT FILED OVER STRIP SEARCHES IN TUPELO People arrested on misdemeanor charges and taken to the Lee County-Tupelo Adult Detention Center are being subjected to illegal strip and body cavity searches, a federal lawsuit claims. The suit, filed in U.S. District Court in Aberdeen, says 39 plaintiffs, 24 of whom were arrested on traffic violations, had their privacy invaded by such searches. Tupelo attorney Will Bristow and Iuka attorney Mike Cooke claim in the lawsuit filed Monday that the jail has operated under a policy in which "officers were encouraged to strip search and perform visual body cavity searches and other intrusive searches upon persons." The searches were done "without a search warrant and in situations where it was not reasonable to believe that any contraband or weapons had been concealed on their person," the suit adds. Federal court decisions have held state jailers are required to have a reasonable suspicion the person being arrested has drugs or weapons before a strip search is allowed. The suit, which represents only one side of a legal argument, was filed against Lee County, the city of Tupelo and unnamed city and county law enforcement officers. It asks for a stop to strip searches for minor offenses where there is no probable cause the person arrested is concealing contraband or weapons. It also seeks unspecified cash damages for pain, suffering, mental anguish and humiliation; payment of medical expenses; and attorney fees. Many of the alleged violations occurred in 2000 and 2001 under the administration of Sheriff Harold Ray Presley, who was shot and killed in the line of duty in 2001. Two of the alleged searches have occurred while current Sheriff Larry Presley, Harold Ray's brother, has been in office. Under Harold Ray Presley's administration, the policy became almost uniform after juvenile detention officer Casey Harmon, 20, was shot and killed by Steven Farris in 1998. Farris, who received a life sentence, sneaked a gun into the jail and shot Harmon in the back of the head. Tupelo third-grade teacher Karen Johnson is not a party to the lawsuit, but her experience with the county's practice in 2001 made the news and raised the ire of several people, particularly educators. Johnson was arrested and strip-searched after a student's parent filed a complaint because Johnson disciplined the student at school. She said then that officers had no reason to believe she might have drugs or weapons. Larry Presley said the searches are still done at the jail, but only on people who are going to be booked in to stay. "If they are booked in on misdemeanors, we try to handle that up front and get them bonded out so they don't have to go to the cell block," Presley said. Lee County jail administrator Bryan Hall said the law is unclear in determining who can and who can't be subjected to a strip search. "My idea of reasonable suspicion might be different from somebody else's," Hall said. "For example, shoplifters might still have something they are concealing, and the same with other misdemeanor crimes. We just can't allow any contraband to get to the back of this jail. "We've found knives, pills and syringes on people. ... It's amazing what people hide and where they hide it." - --- MAP posted-by: Jay Bergstrom