CA5 adopts RS as standard for prison employee search; underwire bra setting off metal detector enough at a prison

Plaintiff is a Texas DOC employee whose underwire bra set off the metal detector entering the prison for work. Her partial strip search was justified by reasonable suspicion of possession of a cell phone or other metal object. The Fifth Circuit adopts the majority rule that reasonable suspicion is required for a search of a prison employee, and all Texas prisons are on guard for smuggling of cell phones into prison which is contraband. Rouse v. Tex. Dep’t of Crim. Justice Institutional Div., 479 Fed. Appx. 612 (5th Cir. 2012):

First, we agree with the district court that the prison officials were required to have reasonable suspicion that appellant was carrying contraband in order to justify the partial strip search of the plaintiff. Where visitors to the prison will be exposed to prison inmates, we have stated that “[t]o justify the stip search of a particular visitor under the reasonable suspicion standard, prison officials must point to specific objective facts and rational inferences that they are entitled to draw from those facts in light of their experience.” Thorne v. Jones, 765 F.2d 1270, 1277 (5th Cir. 1985). The standard requires “individualized suspicion” specifically directed to the person who is targeted for the strip search. Varrone v. Bilotti, 123 F.3d 75, 79 (2d Cir. 1997). At least three circuits have held that reasonable suspicion is the appropriate standard for the partial strip search of prison staff. Leverette v. Bell, 247 F.3d 160 (4th Cir. 2001); McDonnell v. Hunter, 809 F.2d 1302 (8th Cir. 1987); Security and Law Enforcement Employees, District Council 82 v. Carey, 737 F.2d 187 (2d Cir. 1984). The appellant does not challenge the district court’s conclusion that this is the appropriate legal standard.

We also agree that when appellant triggered the metal detectors, the prison officials had reasonable suspicion and were entitled to conduct the partial strip search. Under the facts recited above, the prison officials had the “individualized suspicion” of appellant to justify the partial strip search. …