Although contraband is a major issue in juvenile halls and youth camps, it is unlawful for the staff at these facilities to subject youth to strip searches, with very few exceptions. If you were subject to a strip search while you were being held at a juvenile hall or youth camp, you could have the right to pursue a claim. Specifically, you could be eligible to file a sexual abuse claim.
For more information about your right to file a lawsuit after being unlawfully strip searched, contact us today. Our experts here at the Normandie Law Firm are fully committed to fighting for your rights and getting you the payout that you are owed.
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Understanding Lawful Searches versus Unlawful Searches
Penal Code § 4030(d)(1) outlines the searches that are lawful. Under PEN § 4030(d)(1), those who are “arrested and taken into custody…may be subjected to patdown searches, metal detector searches, body scanners…and clothing searches in order to discover and retrieve concealed weapons and contraband substances prior into being placed in a booking cell.”
In summary, under this law, lawful searches would include the following:
- Pat down searches
- Metal detector searches
- Body scanners
- Clothing searches
In general, minors are not to be subjected to more invasive searches like cavity searches and strip searches, although there are some exceptions. More specifically, PEN § 4030(e) states that minors, with the exception of minors “alleged to have committed felonies or offenses involving weapons, controlled substances, or violence, shall not be subjected to a strip search or visual body cavity search” unless there is a “reasonable suspicion…to believe that person is concealing a weapon or contraband.” Even when there is a reasonable suspicion, these more invasive searches “shall not be conducted without the prior written authorization of the supervising officer on duty.”
In other words, strip searches can be lawful if the minor committed a crime that is a felony or involved weapons, controlled substances, or violence or when there is a reasonable suspicion that the minor is concealing a weapon/contraband. When the strip search is to be conducted under reasonable suspicion, a search warrant is required. In addition, it is important to note that PEN § 4030(l) requires strip searches to “be conducted in an area of privacy so that the search cannot be observed y persons not participating in the search.” When strip searches are conducted in violation of what is outlined in the law, then the strip searches are considered unlawful.
Do Strip Search Regulations Also Apply to Cavity Searches? Yes, the laws mentioned above also apply to cavity searches, which are much more invasive than strip searches. The main difference to consider is that cavity searches are required to be performed in sanitary conditions and only members of the same sex can be present during the search, with the exception of the doctor or nurse performing the cavity search.
Do I have the Right to File a Lawsuit for an Unlawful Strip Search at a Juvenile Hall or Camp?
Yes, you could pursue a claim. Your right to sue is actually outlined by PEN § 4030 (o); under this law, individuals who were subjected to unlawful searches could pursue civil action to recover damages. This applies whether the strip search proceeded normally, or the staff was making inappropriate comments or there was sexual misconduct. We understand that it can be difficult to come forward after such a violation. We are committed to making the process as simple as possible and helping victims get justice. For more information about the legal options available to you, contact us today.
Compensation is Available!
Can I recover compensation if I was unlawfully strip searched at a juvenile hall or youth camp? Yes, you could sue and recover compensation. In fact, you could recover a minimum of $1,000 or actual damages, as determined by PEN § 4030 (o). Based on the details surrounding your claim, you could be entitled to receive compensation for some of the following:
- Medical costs
- Lost income
- Pain and suffering
- Punitive damages
- Treble damages
- Legal fees
How much compensation can I receive? Although this is a very common question, it is a question that is relatively difficult to answer because every claim is so different. The value of these claims is based on the specific facts. However, juvenile hall sex assault cases tend to be high value. Individual cases can be worth up to $5 million.
Here at our law firm, we believe in getting the victims of juvenile hall sexual abuse the highest recovery available for their claims. Whether our team has to negotiate a settlement or take your lawsuit to trial to reach a verdict, you can trust that our lawyers will do everything possible to secure the highest recovery possible. For more information about the compensation that you could be entitled to receive, contact us today.
Contact the Normandie Law Firm Today to Secure the Compensation You are Owed!
If you were strip searched unlawfully while you were being held at a juvenile hall or youth camp, you could pursue a claim. You could sue the county or overseeing entity for the harm that you suffered. If you are ready to explore the legal options available to you, please do not hesitate to reach out to the experts at our law firm at your earliest convenience. Our experts are fully committed to fighting for your rights and securing the maximum recovery available for your claim. To ensure that we remain as accessible as possible, our team offers free case evaluations. These free case evaluations include free consultations and free second opinions. Our team will be available to answer all your questions and address all your concerns and provide you with all the information that you need to either begin or continue your juvenile hall or youth camp unlawful strip search lawsuit. To schedule a free case evaluation, contact us today.
Zero-Fee Guarantee: our law firm offers a Zero-Fee Guarantee, meaning that our clients will not be required to pay any upfront legal fees for any of our legal services. In addition, our law firm works on contingency, meaning that our clients will not be responsible for paying any legal fees if their claims are not successful. If you do not win, you will not have to pay anything.
For more information about your right to file your unlawful strip search lawsuit, contact us today.
Other Pages on Our Website Related to This Topic
Strip Searches at Juvenile Halls
Cavity Searches at Juvenile Detention Centers
WET Center Juvenile Detention Facility Sex Abuse Lawyers
