Book ‘em, Dano.
Booking records provide information about the people
who are brought to jail. Because booking creates an official arrest
record, arrested suspects who can post bail immediately often can’t be released
until after the booking process is complete. Even suspects who receive
citations in lieu of being taken to jail often must go through a booking
process within a few days of their arrest.
How Long Does Booking
Take?
At its slowest, the booking process may take hours to
complete. How long it takes depends on how many of the standard booking
procedures are conducted (explained below), the number of arrestees being
booked at the same time, and the number of police officers involved in the
booking process.
Typical Steps in the
Booking Process
Step 1: Recording the suspect’s name and the crime for
which the suspect was arrested
In olden days, this information became part of a handwritten
police blotter; now virtually all booking records are computerized.
Step 2: Taking a "mug shot"
Mug shots have a variety of possible uses. For instance, a
mug shot can help to determine which of two people with the same name was
arrested. A mug shot can also help to establish a suspect’s physical condition
at the time of arrest. The suspect’s physical condition at arrest can be
relevant to a claim of police use of unlawful force or to whether the suspect
had been in an altercation before being arrested.
Step 3: Taking the suspect’s clothing and personal
property into police custody
At a suspect’s request, some booking officers allow suspects
to keep small personal items like a wristwatch. Any articles taken from the
suspect must be returned upon release from jail, unless they constitute
contraband or evidence of a crime.
Step 4: Taking fingerprints
Fingerprints are a standard part of a booking record, and
are typically entered into a nationwide database maintained by the FBI and
accessible to most local, state, and federal police agencies. Comparing
fingerprints left at the scene of a crime to those already in the database
helps police officers identify perpetrators of crimes. Most likely these will
consist of black ink and a print card.
More modern police departments may have a print scanner, a device that electronically
scans the print and saves the data.
Step 5: Conducting a full body search
Police officers routinely make cursory pat-down inspections
at the time of arrest. Far more intrusive (and to many people, deeply
humiliating) is the strip search that is often part of the booking process. To
prevent weapons and drugs from entering a jail, booking officers frequently
require arrestees to remove all their clothing and submit to a full body
search.
Strip searches are legal even when the arrestee has been
brought in for a relatively minor crime, such as an infraction; and even when
there are no facts that would suggest that the arrestee is carrying a weapon or
contraband. In a 2012 case, the U.S. Supreme Court ruled that such a search was
legitimate even in the case of a person who was stopped for a traffic violation
and arrested for failure to pay an outstanding fine (the fine had in fact been
paid long ago). (Florence v. County of Burlington, No. 10-945.)
Step 6: Checking for warrants
The booking officer checks to see if an arrestee has any
other charges pending, ranging from unpaid parking tickets to murder charges in
other states. Suspects with warrants pending are normally not released on bail.
Step 7: Health screening
To protect the health and safety of jail officials and other
inmates, the booking process may include X-rays (to detect tuberculosis)
and blood tests (to detect sexually transmitted diseases such as gonorrhea and
AIDS).
Step 8: Eliciting information relevant to incarceration
conditions
To reduce the likelihood of violence and injuries, jail
officials often ask arrestees about gang affiliations, former gang
affiliations, and other outside relationships. Depending on the answers, an
inmate may have to be placed in protective custody or housed in one section of
a jail rather than another. Routine questioning along these lines does not
constitute an “interrogation” that requires officers to give a Miranda
warning to the suspect. Information that suspects disclose in response to a
booking officer’s questions may be admissible in evidence under the “routine
booking question exception” to Miranda. (Pennsylvania v. Muniz,
U.S. Sup. Ct. (1990).
Step 9: DNA sample
Suspects may be required to provide DNA samples that are
entered in national DNA databases.
This information was excerpted from The
Criminal Law Handbook, by Paul Bergman, J.D., and Sara J. Berman, J.D.
4 comments:
That was interesting, Jody. Probably much the same would apply here, although there might be minor differences between our two countries.
The biggest surprise to me was the allowance of strip searches no matter how minor the offence. Obviously there are times when it's vital to know what the arrested person's got secreted on them, but for across the board offences... hmmm. Would jaywalking (which we don't consider an offence here) be included in that? Is the police officer required to justify the use of one if the offender turns out to be innocent, or objects to the way they were treated for what was only a minor infringement? (It seems not, if your case above is anything to go by) Could it not technically be considered an assault? Where else, other than for medical reasons, would someone be allowed to force someone to strip naked and conduct an intimate examination on them and the person have no say in it. Are there any figures as to how often someone charged with a minor offence is strip searched? I just wonder if there mightn't be a temptation, if someone's a bit gobby or tries to throw their weight around like certain celebs or hugely wealthy business people who've behaved appallingly on planes, for the police to conduct a strip search just to bring them down a peg or two. Or are there parameters in place to prevent that?
@ Chris. All good questions. To answer the last couple first; yes, there are abusive officers who overdo things. When there are enough complaints lodged against an officer, said officer will most likely be sanctioned in some manner. There are always going to be people in every profession that abuse their power.
As far as strip searching wealthy persons or celebs, I suppose it could happen, but knowing the sh*t storm of publicity that's going to surround such an action, an officer would have to nuts to do it.
Here is some more on the subject that I think answers most of your questions:
"So just when can the police force you to undergo a strip search?
As with all police searches, police generally need a reasonable suspicion that you are concealing a weapon or contraband in the area the officer wishes to search. This means that there must be specific facts or circumstances that justify a strip search or body cavity search.
If a police officer reasonably believes that you may be hiding drugs, weapons, or any other illegal object under your clothes, the officer may be able to order you to undergo a strip search. Some factors that can potentially justify such a search may include the suspect acting high or having drug paraphernalia lying around.
The laws covering strip searches are somewhat unclear and can vary according to jurisdiction. Ten states forbid strip searches in minor crimes. In general, a strip search is considered to be inappropriate if it is performed:
* Without a reasonable
suspicion of criminal activity
* By an officer of the opposite sex
* In the presence of persons of the opposite sex
* In a manner that exposes the person’s body to the public
* In a manner that is degrading, insulting, offensive, or overly intrusive.
Not surprisingly, such justification is often the focus of civil lawsuits.
If you are taken to a jail house or prison, however, authorities may have even more leeway to order a strip search. Due to special concerns surrounding safety and security in jail facilities, corrections officers may intrude on someone's rights as long as the intrusion is related to reasonable objectives. This is true even if they do not have an individualized suspicion that you are hiding anything.
The U.S. Supreme Court has upheld such strip searches behind bars. And these types of searches can be allowed even if the person was arrested for a non-violent crime like a traffic stop or littering.\
Outside of jail or prison, it can be very difficult to determine just when a police officer has "reasonable suspicion" to perform a strip search or body cavity search, and it will depend upon the individual circumstances surrounding your arrest. If you believe that you have been unlawfully searched, you may want to contact an attorney to learn more about your rights."
Thank you to www.findlaw.com
Just to add some of my own experiences; I saw (in court) a jailhouse security video of a woman who was visiting her man in the jail. She sat in the visitor waiting room for awhile and then went to the ladies room and when she squatted over the toilet (we could only see her feet under the stall door) dozens of packets of heroin began falling all over the floor. She had inserted them into her body and was planning on sneaking them to her sweetie. Her plan might have worked, if only she didn't have to pee. There were -- get ready -- over 100 packets of heroin up her hoo-hoo.
OUCH!
Lord, what a world.
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