Discuss the legal issues raised when officials required Emmie to undergo a strip search before she could visit Gemm.

Discuss the legal issues raised when officials required Emmie to undergo a strip search before she could visit Gemm.

Emmie (short for Emerald) Sparkle has never been incarcerated, but her cousin Gemm Sparkle is currently incarcerated at Best Correctional Facility.  Emmie lives with her aunt Ruby, Gemm’s mother, who is currently incarcerated for drug distribution. Emmie, however, has never been arrested and is a straight “A” college student.

Emmie is on Gemm’s approved visitor list.  During her visit to Gemm last week, correctional officers saw suspicious activity.  It appeared that Emmie was trying to give Gemm something through the mesh barrier between them in the visiting room.  Gemm is incarcerated for drug distribution.  After Emmie’s visit was over, officials conducted a strip body cavity search on Gemm and found no contraband of any sort.  Several hours after the visit, officers noticed Gemm appeared glassy-eyed and disoriented.  Officials did not test Gemm’s urine or blood for possible drug use.  Within a few hours, Gemm’s appearance and behavior returned to normal.

Emmie shows up a week later for another visit with Gemm.  Officers were on the alert.  They told Emmie that in order to visit Gemm she must submit to a body cavity search.  Emmie refused and left, saying she was insulted and intended to contact an attorney.

Officers decided to search Gemm’s cell after Emmie left.  After turning the cell and its contents upside down, they found 3 valium tablets hidden in the mattress lining.  Gemm does not have a prescription for Valium from the prison doctor.

Officials filed a disciplinary charge against Gemm, alleging possession of drugs in violation of the prison rules.  The pills found by officers in her mattress are the only physical evidence against Gemm. The only witnesses for the state are the 2 officers who conducted her cell search.  Gemm asserts that the officers planted the pills in her cell in order to harass her. In fact, she asserts the only reason officials searched her cell was to harass her. She alleges that prison officials harassed her because they are worried that Emmie will sue them for denying her visit with Gemm.  She asks to call 2 inmates who live in cells next to hers (one on either side) who will testify that they heard the officers discuss where to plant the Valium.  The disciplinary hearing officer who presides over the hearing refuses her request on the grounds that security concerns require he deny their testimony.

These are the 3 legal issues for you to address:

1. Discuss the legal issues raised when officials required Emmie to undergo a strip search before she could visit Gemm.
2. Discuss the legal issues raised by the cell search of Gemm’s cell – what are her Fourth Amendment rights when it comes to cell searches?
3. Discuss Gemm’s right to call witnesses in her behalf at a disciplinary hearing.

Discuss ALL of the legal issues involved in the 3 sub-questions.  Minimum 1 and ½ page, double-spaced.  Offer arguments in favor of the prison administration’s position AND arguments in support of Gemm and Emmie.