Searching Babies And Women In Prison Visiting Rooms

Hendry Correctional institution is a male adult prison located in Immokalee, Florida. It's a level 5 security prison. The inmates there don't do very much, and it seems like rehabilitation is not a goal there. There are no academic programs, no wellness education services, no substance abuse programs, no institutional betterment programs, or other ongoing programs. There are no community work squads by the deptartment of transportation, public work squads, Interagency community service work squads. However, these inmates are allowed visitation. Although the Department of Corrections states that they encourage visits between the inmates and their loved ones, some visiting women may differ.

http://www.dc.state.fl.us/facilities/region4/576.html

According to one woman visitor who wishes to remain anonymous due to the fact that she feels her loved one will be retaliated against, "there is a female officer during visits that puts her fingers into baby food jars and bottles. She takes the diapers off the babies and lifts their private parts, all to check for contraband."

She claims that although these searches are conducted in a private room, "She also pulls down pants and panties when she is patting us down and even slips her fingers into our waistbands feeling our skin."

She claims to have complained to the warden and OIC when this has happened and they stand behind her behavior.

The visiting policy at Hendry does allow for searching to a degree, and code 33-601.726 states that "Visitors shall be subject to search upon entering and exiting the institution. Refusal of a visitor to be searched upon entering the institution shall result in denial of the current visit. Refusal of a visitor to be searched after entry to the visiting part or upon exiting the institution shall result in the denial of future visits."

The rules state what is allowed, which includes searches with metal detectors, K-9 searches and also drug ion scanner searches. It also states "If it is necessary to remove the diaper of an infant or toddler, written consent from the parent, legal guardian, or authorized adult shall be obtained as provided in subsection (3), and it should be done in the privacy of a search room and by an officer of the same sex.
https://www.flrules.org/gateway/RuleNo.asp?ID=33-601.726 (click/notice adopted)

The women I spoke with stated "I have NEVER seen a permission sheet for anything being offered to visitors or those with children to authorize the searches. But, again, if visitors refuse the searches they are denied visits." Fearing she will lose her visitation rights and or her loved one will be retaliated against she has not pressed the issue.

Not only It is humiliating, degrading, and sexually abusive for women and babies to be searched in this manner, this could also be a violation of the 4th amendment which states:

'The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.'

The 4th Amendment has several parts to it, and I was most interested in the part that stated"
Chambers v. Moreny, 399 U.S. 42, 51 ('70). Because '[t]he integrity of an individual's person is a cherished value in our society,' searches that invade bodily integrity cannot be executed as mere fishing expeditions to acquire useful evidence: 'The interests in human dignity and privacy which the Fourth Amendment protects forbid any such intrusions on the mere chance that desired evidence might be obtained.' Schmerber, 384 U.S. at 772, 769-70.
http://www.lectlaw.com/def/f081.htm

If this kind of treatment is allowed to the visitors of our nations prisoners, I can only imagine what the inmates are forced to endure. Actually if you google this facility you will see that much more has happened there.

Sources:
annonymus testimony by email

Hendry C.I.
http://www.dc.state.fl.us/facilities/region4/576.html

https://www.flrules.org/gateway/RuleNo.asp?ID=33-601.726

"Lectric Law library"
http://www.lectlaw.com/def/f081.htm