It’s being excused as deferring to the judgment of correctional officers rather than the court, which is plain terrifying, since we all know that officers aren’t necessarily always the most decent or humane people. Many are—I know a few personally—but just as with any profession, you can’t leave the rules up to many people who will abuse them. I shudder to think of the abuse people are going to experience due to this single ruling—particularly the voiceless people, such as sex workers or mentally disabled people who are already not being represented fairly in the first place.
The ruling was issued based on the complains of a man from New Jersey, who had been strip searched in two different county jails. Although the man complained that his civil rights were violated, the courts ruled against him—and, therefore, set a precedent for other people whose rights might be violated.
The man in question had not broken a law. He’d been arrested for a fine that he’d already paid—and in his state, failure to pay the fine in the first place was not a crime. Not only was he falsely arrested, but he was strip searched twice! What the hell does he get to go home with, a simple apology?
Keep in mind that these rules do not apply to convicts but to people under arrest—still innocent until proven guilty. So if you are ever arrested for something as simple as civil disobedience or even jaywalking (or the dumbest law in your local area that you can think of), you can still be subjected to a strip search due to this ruling.
Thanks a lot for furthering our decline into an Orwellian nation, SCOTUS! I am sure we’ll all sleep soundly (especially use women who are trained from childhood to be fearful of being sexually assaulted or harassed, which is what a strip search essentially is) knowing that you are working so damn hard on our dime to keep us safe and sound.