Answer to Question 1
The special need for prisoner searches is to maintain prison and jail security, safety, and discipline. This special need must be balanced against the invasion of prisoners' substantially reduced expectation of privacy.
SCOTUS has held that a prisoner does not have a reasonable expectation of privacy in a jail cell, and that a search of the cell is not covered by the Fourth Amendment. However, full-body, strip, and body-cavity searches of prisoners are covered by the Fourth Amendment. Depending upon the need, these searches may be conducted without probable cause or reasonable suspicion.
Answer to Question 2
Special needs searches have these characteristics in common:
1 . They are directed at people generally, not at criminal suspects specifically.
2 . They can result in prosecution and conviction.
3 . They don't require a warrant for probable cause.
4 . Their reasonableness depends on balancing the special government need against invasion of individual privacy.
Unique markings identify individual humpback whales.
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