Body cavity search
Encyclopedia
A body cavity search is either a visual search or a manual internal inspection of body cavities
such as for prohibited material (contraband
), such as illegal drugs, money, jewelry, or weapons. It is far more invasive than the standard strip search
that is typically performed on individuals taken into custody, either upon police arrest or incarceration
at a jail, prison
, or psychiatric hospital
. Often the procedure is repeated when the person leaves the institution. Body cavity searches may also be conducted by the U.S. Customs and Border Protection
when they suspect international travelers
of hiding contraband—such as drugs—in their alimentary canal.
. Illegal drugs can be placed in condoms and temporarily stored in the colon
. Cylinders such as cigar tubes are used to hide money, intravenous syringes, and knives. Duplicate handcuff keys can be concealed in many body orifices. These goods are considered valuable inside a prison and can pose a security risk to staff and inmates at such facilities.
In a thorough visual body cavity search, a flashlight
is used to illuminate body orifices, including nostril
s, ear
s, mouth
, navel
, penis
(urethra and foreskin) or vagina
, and rectum
. Generally, the detainee is required to manipulate these body parts so that they can be examined.
During manual body cavity searches, body orifices are probed using fingers or the entire hand. The circumstance in which these inspections may be done is often restricted. For example, they are done on individuals refusing to offer to consent to a visual body cavity search or in situations where there is strong evidence to suspect the presence of contraband.
Because these searches are highly invasive and greatly compromise an individual’s right of privacy, the legality of visual and manual body cavity searches is frequently contested.
In the United States
, Bell v. Wolfish
is the benchmark case on this issue. In its judgment of the case, the U.S. Supreme Court
established a standard of reasonable grounds for performing cavity searches. Among these are security concerns at prisons.
In the UK, cavity searches are not carried out upon entry to prisons, although new prisoners are required to perform squats as part of their strip-search, and may be visually searched, but prison staff do not have any powers to carry out cavity searches.
in comedies such as the movie Beavis and Butt-head Do America
. This is due to its humiliating, uncomfortable, and invasive nature. Generally, it adds to the suffering of a comedic foil. It is generally not depicted explicitly, but implied by the donning of a lubricated glove by a searcher. It is similar to the use of the rectal examination
in this regard.
Body cavity
By the broadest definition, a body cavity is any fluid-filled space in a multicellular organism. However, the term usually refers to the space located between an animal’s outer covering and the outer lining of the gut cavity, where internal organs develop...
such as for prohibited material (contraband
Contraband
The word contraband, reported in English since 1529, from Medieval French contrebande "a smuggling," denotes any item which, relating to its nature, is illegal to be possessed or sold....
), such as illegal drugs, money, jewelry, or weapons. It is far more invasive than the standard strip search
Strip search
A strip search is the stripping of a person to check for weapons or other contraband.-Legality of strip searches:...
that is typically performed on individuals taken into custody, either upon police arrest or incarceration
Incarceration
Incarceration is the detention of a person in prison, typically as punishment for a crime .People are most commonly incarcerated upon suspicion or conviction of committing a crime, and different jurisdictions have differing laws governing the function of incarceration within a larger system of...
at a jail, prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
, or psychiatric hospital
Psychiatric hospital
Psychiatric hospitals, also known as mental hospitals, are hospitals specializing in the treatment of serious mental disorders. Psychiatric hospitals vary widely in their size and grading. Some hospitals may specialise only in short-term or outpatient therapy for low-risk patients...
. Often the procedure is repeated when the person leaves the institution. Body cavity searches may also be conducted by the U.S. Customs and Border Protection
U.S. Customs and Border Protection
U.S. Customs and Border Protection is a federal law enforcement agency of the United States Department of Homeland Security charged with regulating and facilitating international trade, collecting import duties, and enforcing U.S. regulations, including trade, customs and immigration. CBP is the...
when they suspect international travelers
Border search exception
The border search exception is a doctrine of United States criminal law that exempts searches of travelers and their property from the Fourth Amendment warrant requirement....
of hiding contraband—such as drugs—in their alimentary canal.
Visual vs. manual
Items can be concealed in a number of body cavities. For example, objects may be concealed by inserting them into the rectumRectum
The rectum is the final straight portion of the large intestine in some mammals, and the gut in others, terminating in the anus. The human rectum is about 12 cm long...
. Illegal drugs can be placed in condoms and temporarily stored in the colon
Colon (anatomy)
The colon is the last part of the digestive system in most vertebrates; it extracts water and salt from solid wastes before they are eliminated from the body, and is the site in which flora-aided fermentation of unabsorbed material occurs. Unlike the small intestine, the colon does not play a...
. Cylinders such as cigar tubes are used to hide money, intravenous syringes, and knives. Duplicate handcuff keys can be concealed in many body orifices. These goods are considered valuable inside a prison and can pose a security risk to staff and inmates at such facilities.
In a thorough visual body cavity search, a flashlight
Flashlight
A flashlight is a hand-held electric-powered light source. Usually the light source is a small incandescent lightbulb or light-emitting diode...
is used to illuminate body orifices, including nostril
Nostril
A nostril is one of the two channels of the nose, from the point where they bifurcate to the external opening. In birds and mammals, they contain branched bones or cartilages called turbinates, whose function is to warm air on inhalation and remove moisture on exhalation...
s, ear
Ear
The ear is the organ that detects sound. It not only receives sound, but also aids in balance and body position. The ear is part of the auditory system....
s, mouth
Mouth
The mouth is the first portion of the alimentary canal that receives food andsaliva. The oral mucosa is the mucous membrane epithelium lining the inside of the mouth....
, navel
Navel
The navel is a scar on the abdomen caused when the umbilical cord is removed from a newborn baby...
, penis
Penis
The penis is a biological feature of male animals including both vertebrates and invertebrates...
(urethra and foreskin) or vagina
Vagina
The vagina is a fibromuscular tubular tract leading from the uterus to the exterior of the body in female placental mammals and marsupials, or to the cloaca in female birds, monotremes, and some reptiles. Female insects and other invertebrates also have a vagina, which is the terminal part of the...
, and rectum
Rectum
The rectum is the final straight portion of the large intestine in some mammals, and the gut in others, terminating in the anus. The human rectum is about 12 cm long...
. Generally, the detainee is required to manipulate these body parts so that they can be examined.
During manual body cavity searches, body orifices are probed using fingers or the entire hand. The circumstance in which these inspections may be done is often restricted. For example, they are done on individuals refusing to offer to consent to a visual body cavity search or in situations where there is strong evidence to suspect the presence of contraband.
Legal standing
Some inmates and human rights activists argue that body cavity searches are done not so much to stop the flow of contraband but rather to harass and humiliate detainees. A visual inspection of the rectum will not reveal objects concealed deeply inside. Likewise, it is possible to circumvent detection during manual body cavity searches. In some instances, suspects swallow packages of drugs protected by condoms and allow them to pass through their digestive tract. Only diagnostic imaging will reveal the concealed contraband.Because these searches are highly invasive and greatly compromise an individual’s right of privacy, the legality of visual and manual body cavity searches is frequently contested.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Bell v. Wolfish
Bell v. Wolfish
Bell v. Wolfish, 441 U.S. 520 , is a case in which the United States Supreme Court found that it was not a violation of the Fourth Amendment to perform intrusive body searches on pre-trial detainees.-Significance:...
is the benchmark case on this issue. In its judgment of the case, the U.S. Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
established a standard of reasonable grounds for performing cavity searches. Among these are security concerns at prisons.
In the UK, cavity searches are not carried out upon entry to prisons, although new prisoners are required to perform squats as part of their strip-search, and may be visually searched, but prison staff do not have any powers to carry out cavity searches.
Popular culture
The body cavity search is frequently used as a jokeJoke
A joke is a phrase or a paragraph with a humorous twist. It can be in many different forms, such as a question or short story. To achieve this end, jokes may employ irony, sarcasm, word play and other devices...
in comedies such as the movie Beavis and Butt-head Do America
Beavis and Butt-head Do America
Beavis and Butt-head Do America is a 1996 animated feature film, based on the TV series, Beavis and Butt-Head. It was produced by Paramount Pictures in association with Geffen Pictures and MTV Films, and co-written and directed by creator Mike Judge. The film grossed $20.11 million in its opening...
. This is due to its humiliating, uncomfortable, and invasive nature. Generally, it adds to the suffering of a comedic foil. It is generally not depicted explicitly, but implied by the donning of a lubricated glove by a searcher. It is similar to the use of the rectal examination
Rectal examination
A rectal examination or rectal exam is an internal examination of the rectum such as by a physician or other healthcare professional.-Procedure:...
in this regard.
See also
- Balloon swallowerBalloon swallowerA balloon swallower is an individual who crosses a border with the intent to smuggle drugs contained in his or her gastrointestinal tract or other body cavities.This term is used in American law enforcement for people crossing the United States-Mexico border...
- Border search exceptionBorder search exceptionThe border search exception is a doctrine of United States criminal law that exempts searches of travelers and their property from the Fourth Amendment warrant requirement....
- Don't touch my junkDon't touch my junk"Don't touch my junk" is a phrase that became popular in the United States in late 2010 as a criticism of Transportation Security Administration patdowns. The word "junk" is American English slang for a person's genitals...
- FriskingFriskingFrisking is a search of a person's outer clothing wherein a person runs his or her hands along the outer garments to detect any concealed weapons or contraband.-Stop and frisk:...
- Intimate examinationIntimate examinationAn intimate examination is a physical examination for medical purposes that includes examination of female breasts, the genitalia, or the rectum of a patient. Such examinations can cause patients stress or embarrassment...
- Search of personsSearch of personsPolice officers in various jurisdictions have power to search members of the public, for example, for weapons, drugs and stolen property. This article concerns searches of members of the public who have not been arrested and who are not held in detention. For search powers in relation to those...
- Strip searchStrip searchA strip search is the stripping of a person to check for weapons or other contraband.-Legality of strip searches:...
- Undress codeUndress codeAn undress code is a dress code or social norm which sets an upper limit on the amount of clothing that can or should be worn. For example, some public swimming facilities set maximum clothing standards, for sanitary reasons...
External links
- Bell v. Wolfish, 441 U.S. 520, 559 (1979) http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=volpage&court=us&vol=441&page=558
- Lerner, Jimmy (2002). You Got Nothing Coming: Notes From a Prison Fish. New York: Broadway Books.
- Schwartz, Barry (1972). Deprivation of privacy as a 'functional prerequisite': The case of the prison". The Journal of Criminal Law, Criminology and Police Science 63 (2), 229-239.