Juvenile Law Center

Juvenile and Criminal Justice

Smook v. Minnehaha County, South Dakota

This case challenged a juvenile detention center’s policy to strip search all youth entering the facility, even without probable cause or individualized suspicion that the child had contraband, under the Fourth Amendment. The U.S. Court of Appeals for the Eighth Circuit ruled that the policy did not violate the Fourth Amendment. Juvenile Law Center initially filed an amicus brief in support of Smook’s petition seeking reconsideration by the Eighth Circuit Court of Appeals and then filed an amicus brief in the Supreme Court of the United States supporting Smook’s petition for a writ of certiorari. 

Juvenile Law Center’s brief argued that the Eighth Circuit’s decision to uphold the policy sets a disturbing precedent that provides youth with less protection from harm than adults would receive under the Fourth Amendment in virtually every Circuit.  The brief also highlighted widely accepted psychological research that such searches can inflict serious trauma on youth.  Finally, the brief argued that the strip search policy violated international law regarding the rights of children to dignity and humanity.

The Supreme Court of the United States denied the petition for writ of certiorari. 

Details

Citation
457 F.3d 806
Case Number
05-1363
Type
Amicus Curiae
Date
August 31, 2006
Court
United States Court of Appeals for the Eighth Circuit
State of Origin
South Dakota

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