In People v. Gause , Garlyn Gause was housed in the Elmira Correctional Facility when a "general frisk of cells" was ordered. In the process, correction officers handcuffed Gause, removed him from his cell, and placed him in a "BOSS" chair -- which detects metal objects.
Although he repeatedly stated he had nothing metallic on his person, the device indicated otherwise. He was then warned, if he continued with his denials, he would be taken to a "special housing unit" where he would be "strip frisked." At that point, Gause admitted he had a "weapon secreted in his buttocks" and "voluntarily surrendered" the item.
When the Chemung County Court convicted Gause of "promoting prison contraband in the first degree," and sentenced him 2 1/2 to 5 years, he appealed to the Appellate Division, Third Department, arguing the lower court shouldn't have considered the evidence removed from his arse.
Since prisoners are entitled to Miranda warnings when there is some additional deprivation of their "freedom over and above ... ordinary confinement," the appellate court thought a warning had been required in this instance. (An exception to that rule was inapplicable since the officers' safety hadn't been compromised or threatened.) Yet, despite the officers' lapse, the AD3 still affirmed the outcome since the omission was harmless given the "overwhelming proof of [Gause's] guilt."
Who's the "BOSS" of him now?
To download a copy of the Appellate Division's decision, please use this link: People v. Gause