The Naked Truth: Are Strip Searches An Invasion Of Privacy?

When I read that in 1978 Chicago was strip searching everywoman who came into their women’s jail I was surprised (to put it mildly). I though, “Are you serious?” This became all the more shocking when it became clear that the woman was at the jail because of unpaid parking tickets. I though that our society was far past the point where that would be considered reasonable. Alas, sometimes we are too hasty with our desire for what we consider “obvious” changes. What made it all the more shocking was when I learned that Washington State, just last year, had its appeals court strike down blanket strip searches. Perhaps this seems obvious to most folks that unless you pose a serious risk or they police have a warrant, they shouldn’t be able to make you go though such an obviously invasive search. This is important not only because of its obvious implications on everyday citizens, but also because this is the core of a privacy discussion (being secure in your “persons, houses papers and effects”). If such things as strip searches are “up for debate” then we can’t possibly have a serious debate about electronic observation and privacy invasion.

It might be valuable to hypothesize about how we got to such a point. As a matter of efficiency, and perhaps as a matter of avoiding bias, the Chicago PD had a policy of strips searching any female prisoner who came into the facility (they had one for all of Chicago at the time). Is it possible that there was so much contraband that everyone was suspect? Was it possible that to search only certain individuals would open the Chicago police up to claims of bias? On the first there is little evidence to support this; on the second (given the Chicago PDs history) it is entirely possible.

So it would seem that the obvious answer to our question as to strip searches being a violation of privacy is self-evident. What is more shocking is how distant what we might think as an average citizen is different from what may be the reality (depending on the jurisdiction you are in). In all, it really comes down to one of those fundamental questions we will ask ourselves (as a society), “How much liberty are we willing to give up pursuit of security?” I won’t make the claim, as Benjamin Franklin did, that “Those who would give up essential liberty to purchase a little temporary safety, deserve neither liberty nor safety.” But I will note that the solution to our criminal problems is probably not in strip searching parking ticket violators. That, I would hope, would be clear to anyone.