Consent Decree Project: This project will require that you read the document under “Course Content” labeled “Proposed Consent Decree

Consent Decree Project:This project will require that you read the document under “Course Content” labeled“Proposed Consent Decree.” This Proposed Consent Decree has been proposed byattorneys representing the fictional jail referenced above.Based on the situation, the policy and procedure directive, the appellate court decision,and the Proposed Consent Decree, the student will write a report that addresses thefollowing:a) whether and to what extent the Proposed Consent Decree squarely addressesthe situation, the policy and procedure, directive, and the appellate courtdecision;b) whether and to what extent the Proposed Consent Decree is under­inclusive; andc) whether and to what extent the Proposed Consent Decree is over­inclusive.Description of SituationThis situation takes place at the fictional Adelphi County Jail in Maryland, where JackJones is being confined while awaiting trial on charges that he murdered Bob and MarySmith, the elderly couple living next door, and buried their bodies in a desertedindustrial park nearby. The criminal case has enjoyed a lot of local publicity becauseinmate Jones was the County’s youngest Eagle Scout, Mr. Smith was his Scout Leader,and the bodies of Mr. and Mrs. Smith have not yet been found.Inmate Jones shares a cell at the Adelphi County Jail with inmate Joe Johnson, whohas been suspected by Officer Anderson of selling contraband cigarettes to otherinmates. Officer Anderson shares his suspicions with Sgt. Belker, and the two of themapproach the Shift Commander about arranging for a random search of inmate Jones’cell. The Shift Commander approves the random cell search.Sgt. Belker and Officer Anderson proceed to the cell shared by inmates Johnson andJones. Inmate Johnson is present in the cell; inmate Jones is in the gymnasium playingbasketball with other inmates. Officer Anderson removes inmate Johnson from the celland begins to search the cell with Sgt. Belker. When inmate Johnson asks twice what’sgoing on, Sgt. Belker calls the housing unit supervisor on his radio and asks that inmateJohnson be taken to the dayroom. Officer Casey arrives and escorts inmate Johnson tothe dayroom.Sgt. Belker and Officer Anderson inspect inmate Johnson’s television and inmate Jones’CD player and typewriter and find nothing unusual, but the antenna snaps off thetelevision as Sgt. Belker replaces it on the shelf. They inspect the inmates’ clothing andfootwear and find nothing unusual, although a sneaker falls into the cell toilet. Theyinspect a drawer full of commissary snacks, opening five apparently unopened bags ofpotato chips in the process, and they discover contraband cigarette papers inside one ofthe potato chip bags. Officer Anderson continues the search by looking through a boxof books and papers. Included in the hundreds of pages of papers in the box is a sheetof paper with a crude drawing of what appears to be a local industrial park and aprominent “X” drawn alongside one of the industrial buildings. Officer Anderson asksSgt. Belker if inmate Jones isn’t the inmate charged with murdering the elderly coupleand burying their bodies in an industrial park. Sgt. Belker replies that he thinks he is.Officer Anderson removes the sheet of paper from the box, folds it, and puts it in hispocket.On his way home after the conclusion of his shift, Officer Anderson stops at the State’sAttorney’s Office and leaves the folded sheet of paper with his cousin, who is a StaffInvestigator, after explaining how and where he found it. The Staff Investigator passesthe sheet of paper along to the Assistant State’s Attorney handling the murder caseagainst Jack Jones. The sheet of paper is used as evidence in the subsequent murdertrial, and Jack Jones is convicted of first degree murder.Adelphi County Jail Policy and Procedure Directive: “Inmate Cell Searches”1. An inmate cell search shall be conducteda. routinely, orb. randomly when directed by the Shift Commander,c. when an inmate residing in that cell is suspected of possessingcontraband.2. An inmate cell search shall be conducted as follows:a. Any inmate in the cell shall be removed from the area.b. All bedding will be removed and thoroughly inspected for contraband.c. All inmate appliances, clothing, footwear, and commissary products will beclosely inspected to ensure that they are not being used to hidecontraband.d. All inmate books, magazines, and other papers will be closely inspected toensure that they are within the limit for paper materials (1 cubic footmaximum), they are not being used to hide contraband, and they do notcontain evidence of a planned escape, disturbance, or other crime.e. Any item of contraband shall be confiscated.Appellate Court Decision: Carter v. State (See Course Content)Proposed Consent DecreeWHEREAS Plaintiffs Jack Jones and Joe Johnson have initiated this civil action againstDefendants Adelphi County Jail, Warden Pete Peters, Security Chief Dan Dawson, ShiftCommander Edward Engle, Sgt. Biff Belker, and Officer Arnie Anderson, allegingviolations of their Fourth, Fifth, and Fourteenth Amendment rights; andWHEREAS the parties wish to reach an amicable resolution of the issues raised herein;NOW, THEREFORE, the parties agree as follows:1. The Adelphi County Jail will pay each of the Plaintiffs the sum of $500.2. The Adelphi County Jail and its officials and employees will conduct inmate cellsearches only in accordance with the following:A. An inmate cell search shall be conductedA.1)routinely whenA.1.a.a.the inmate is to be transferred to another cell,housing unit, or facility;A.1.a.b.orwhen the inmate is to be transported to court;A.1.a.c.when the inmate is to be released fromconfinement.2) randomly when directed by the Shift Commander, but only inaccordance with a truly random and documented system ofselection involving multiple potential cells or housing units.3) when an inmate residing in that cell is reasonably suspected ofpossessing contraband, but only upon written request to, andauthorization from, the Security Chief.B. An inmate cell search shall be conducted as follows:1) The search shall be conducted by at least two Officers.2) If an inmate residing in the cell is present, the inmate shall beremoved from the cell and placed in restraints immediately outsidethe cell. If an inmate residing in the cell is not in the cell but ispresent in the jail, the inmate shall be summoned and placed inrestraints immediately outside the cell. An inmate residing in thecell shall be permitted to observe the cell search from outside thecell unless the inmate is violating inmate rules by, for example,being disruptive, in which event the inmate will be removed toadministrative segregation pending disciplinary charges.3) All bedding will be removed and thoroughly inspected forcontraband. Following the inspection, the bed will be re­made.4) All inmate appliances, clothing, footwear, and commissary productswill be closely inspected to ensure that they are not being used tohide contraband.5) All inmate books, magazines, and other papers will be closelyinspected to ensure that they are within the limit for paper materials(1 cubic foot maximum), they are not being used to hidecontraband, and they do not contain evidence of a planned escape,disturbance, or other crime.6) Any item of contraband shall be confiscated, the confiscation shallbe documented on a Property Confiscation form, and the inmateshall be charged with violating inmate rules prohibiting thepossession of contraband.7) All inmate property will be treated with respect and all reasonableefforts will be made to avoid unnecessary damage to inmateproperty.8) The Officers conducting the cell search shall prepare a report andforward same to the Shift Commander. If the report indicates thatcontraband was confiscated, the Officers shall include a copy of thedisciplinary charges. If possession of the contraband constitutes acrime, the Shift Commander shall forward the report to the Warden,who shall then consider whether to forward the report to the State’sAttorney.Format Requirements1. Paper should be a minimum of 1,500 words (or six pages) in APA format2. Double space3. 12 pt. font4. 1” margins5. Use APA citations for all sourcesInclude reference page using APA format guidelines (not included in word count)