Those in our prisons are convicted, obviously enough, but consider that those in the county jail are primarily only awaiting trial. No conviction. We place them in jail without their even being convicted.
So, should we be searching them? Should we be recording their phone calls? Should we be taking away the basic liberties all the rest of us have? Remember, these are people who are not yet convicted.
It can be argued that if you don't search their cells, they are going to have drugs as sure as a night is darker than a day. True. But, what of society at large? If we allowed our police to march down the streets, searching every home, they would find drugs that way, too.
These people are not convicted. I would argue most of them shouldn't be in jail. You shouldn't toss someone in jail without a trial. But, if you are going to have them in jail, they should have the right to not have their possessions, their cells, searched without a warrant. You want to search them, you get a warrant, just like you would get a warrant before searching the rest of us.
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