To: The Maine State House, The Maine State Senate, and Governor Janet Mills
No more strip searches or body cavity searches in Maine for minor offenses without reasonable cause.
Whereas, on April 2, 2012, the United States Supreme Court has approved (Florence v. Board of Chosen Freeholders) the conduct of strip searches and body cavity searches for minor offenses without probable cause or reason to believe that the person so arrested or detained is in possession of a weapon or contraband, and
Whereas Maine repealed its prohibition of strip searches of those arrested for non-felony offenses without reasonable cause, and
Whereas such searches are “a serious invasion of privacy” and “demeaning, dehumanizing, undignified, humiliating, terrifying, unpleasant, embarrassing, [and] repulsive, signifying degradation and submission,”
the Petitioners request that the Legislature of the State of Maine adopt, as emergency legislation taking effect immediately, as Title 5 Maine Revised Statutes Section 200-G, Paragraph 2, subparagraph A, the following:
A. No person arrested for a Class D or E crime, a traffic violation or a violation of a city, county, or town ordinance that is punishable by no more than 30 days in jail, may be subjected to a strip search or body cavity search, unless there is reasonable cause to believe, on the part of the law enforcement officer authorizing the search, that the individual is concealing a weapon, contraband, or evidence of a crime.
Whereas Maine repealed its prohibition of strip searches of those arrested for non-felony offenses without reasonable cause, and
Whereas such searches are “a serious invasion of privacy” and “demeaning, dehumanizing, undignified, humiliating, terrifying, unpleasant, embarrassing, [and] repulsive, signifying degradation and submission,”
the Petitioners request that the Legislature of the State of Maine adopt, as emergency legislation taking effect immediately, as Title 5 Maine Revised Statutes Section 200-G, Paragraph 2, subparagraph A, the following:
A. No person arrested for a Class D or E crime, a traffic violation or a violation of a city, county, or town ordinance that is punishable by no more than 30 days in jail, may be subjected to a strip search or body cavity search, unless there is reasonable cause to believe, on the part of the law enforcement officer authorizing the search, that the individual is concealing a weapon, contraband, or evidence of a crime.
Why is this important?
The United States Supreme Court, on April 2, 2012, upheld strip searches and body cavity searches for those arrested or detained without requiring probable cause or reasonable belief for those searches. Prior to 2003, Maine used to prohibit such searches of those arrested for misdemeanors and other minor offenses unless reasonable cause existed to believe that the detainee was concealing a weapon, contraband or evidence of a crime. The purpose of this petition is to reinstate the requirement of reasonable cause to permit such searches of those arrested for minor offenses.