Bell v. Wolfish

Bell v. Wolfish

Infobox SCOTUS case
Litigants=Bell v. Wolfish
ArgueDate=January 16
ArgueYear=1979
DecideDate=May 14
DecideYear=1979
FullName=Griffin Bell, Attorney General, et al. v. Wolfish, et al.
USVol=441
USPage=520
Citation=99 S. Ct. 1861; 60 L. Ed. 2d 447; 1979 U.S. LEXIS 100
Prior=Certiorari to the United States Court of Appeals for the Second Circuit
Subsequent=
Holding=The Fourth Amendment does not prohibit strip searches and similar intrusive conduct against persons being held in federal prison while awaiting trial.
SCOTUS=1975-1981
Majority=Rehnquist
JoinMajority=Burger, Stewart, White, Blackmun
Concurrence/Dissent=Powell
Dissent=Marshall
Dissent2=Stevens
JoinDissent2=Brennan
LawsApplied=U.S. Const., amend. IV

"Bell v. Wolfish", 441 U.S. 520 (1979)ref|citation, is a case in which the United States Supreme Court found that it was not a violation of the Fourth Amendment to perform body cavity searches, strip searches, and the like on persons being held in prison pending a criminal trial, in order to reduce contraband and weapons in the prisons.

ignificance

This case arose as a challenge to the conditions under which pretrial defendants are confined. The petitioners claimed that in the absence of a conviction, subjecting incarcerated defendants automatically to the same conditions as convicted felons was unconstitutional punishment. The federal district court agreed with this view, holding that defendants could only be deprived of liberty as a matter of "compelling necessity". [cite web
author=
year=
url=http://biotech.law.lsu.edu/cphl/articles/hastings/hastings-2_-3.htm
title=Bell v. Wolfish
publisher=Medical and Public Health Law Site
accessdate=2008-01-25]

ee also

*List of United States Supreme Court cases, volume 441

Footnotes

References

*citationussc|441|520|Text of the opinion on Findlaw.com


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