How would you like to be strip-searched? In New York, jails cannot strip-search inmates willy-nilly. Under the Fourth Amendment (prohibiting unreasonable searches and seizures), people arrested on misdemeanors, for example, cannot be searched this way. That rule more or less applies around the country. But it gets violated all the time. It even happened in Iowa.

Some women in Iowa went to President Bush's campaign rally in September 2004. They were charged with trespassing because they were standing where they were not supposed to be. They showed up not to praise Bush but to condemn the Iraq war. The strange reality that First Amendment lawyers discovered over the last few years is that presidential rallies carry different free speech rules than other rallies and that Secret Service are given significant leeway in regulating these events in the name of security. So that when no one told these protesters they they could not stand in certain areas near the rally, they were arrested for trespass and sent to the County jail. As described by the federal appeals court which ultimately heard the case, here is what happened at the jail:

After being arrested and charged with simple misdemeanor trespass under Iowa law, the two women were taken to the Linn County jail. At the jail, despite the fact neither woman was suspected of hiding weapons or contraband and had only been charged with a simple misdemeanor, Linn County Deputy Sheriff Michelle Mais conducted a "full strip search" of the two women in violation of jail policy. The "full strip search" required the two women to strip naked and included a visual body cavity search. In a visual body cavity search, detainees must bend over and spread their buttocks and allow an officer to inspect their rectal area. The visual body cavity search also included an inspection of the women's vaginas. While Nelson was searched, the top half of a Dutch door to the room in which the search took place was open, and male jailers passed by the open door during the search.

The trespass charges were dropped, which means they were totally innocent. The strip-search was unauthorized and humiliating. When the case went to trial against jail officials for the illegal search, the women testified about what it felt like to be searched like this. So lets play a little game here: imagine your mother or your sister is testified as these women did at trial:

At trial, McCabe and Nelson described the humiliation and trauma they experienced as the result of being forced to stand naked in front of a complete stranger and expose intimate parts of their body. Barb Hannon bailed the two women out of jail and described them as being in "shock." Both spent the night crying. When describing the search, McCabe testified she was "horrified." She said it was "like it was happening to another person, like – like I was almost standing back watching this happen to me, because I just couldn't – I couldn't wrap my brain around what was going on." Nelson testified she was "humiliated, and I felt violated. I felt as though I had lost control of my own body. I couldn't imagine many things that would be worse." Nelson was diagnosed with depression following the arrest and search, and obtained medical treatment for her depression.

The jury, God bless 'em, ruled in the womens' favor on the strip searches, awarding them so much money that the trial court had to schedule another trial to ensure that the damages award was more in line with acceptable standards. The new is not that they won the case but that courts have placed clear limits on when jail officials can strip-search detainees -- particularly people who have not yet been convicted of anything -- but those rules are routinely ignored. Even in New York, which probably deems itself more enlightened than Iowa, strip-search rules are regularly ignored, to the embarrassment and humiliation of the victims of this municipal malfeasance. We often hear about sex scandals and bribery scandals and even environmental scandals. Ever hear of a Fourth Amendment scandal?