Category Archives: Strip search

NJ: Officer had RS def was armed; refusal of patdown justified exigent strip search at station house

The officer had reasonable suspicion that defendant was armed, and he attempted to perform a frisk, which defendant refused. This led to a warrantless strip search which was justified by the Fourth Amendment exigency exception and by state statute and … Continue reading

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E.D.Ky.: Searching def’s underwear for drugs at 1:24 am on a virtually empty street that nobody likely saw was not unreasonable

The officer’s search of defendant’s underwear for drugs at 1:24 am on a dark night and nearly empty street was not a strip search and it was reasonably conducted. Nobody else was close enough to see anything. United States v. … Continue reading

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W.D.Mich.: In a prison male group strip search, def female guard doesn’t show QI from how it was done

In a prison group strip search, “Defendant has failed to properly support her motion for summary judgment with relevant evidence showing the existence of a legitimate penological need for the group strip search and why her presence inside the Chapel … Continue reading

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CA5: Mass suspicionless strip search of a class of 6th grade girls was clearly unreasonable with a failure to train on policy that would have prevented it

“During a sixth-grade choir class, an assistant principal allegedly ordered a mass, suspicionless strip search of the underwear of twenty-two preteen girls. All agree the search violated the girls’ constitutional rights under Texas and federal law. Even so, the district … Continue reading

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MA: There was PC for strip search; alleged violation of strip search policy wasn’t enough to suppress

There was probable cause for defendant’s strip search because everything indicated he had drugs on his person. His “animated” response to the strip search request only added to it, and the officers testified that the crotch area is where suspects … Continue reading

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N.D.Cal.: Smell of MJ from passenger compartment is PC only as to that area

The smell of marijuana came from the passenger compartment, and the court finds that the probable cause that it creates is limited to the passenger compartment under the automobile exception. United States v. Chavez, 2018 U.S. Dist. LEXIS 107695 (N.D. … Continue reading

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N.D.Ohio: Suit over ptf’s strip search barred by Heck because that’s the basis of his conviction

Plaintiff’s pro se lawsuit over his strip search necessarily is an attempt to impugn the integrity of his criminal conviction for drug trafficking, so it is barred by Heck v. Humphrey. Johnson v. Waters, 2018 U.S. Dist. LEXIS 96255 (N.D. … Continue reading

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CA5: Holding DL doesn’t make request for consent coercive; record unclear on how long dispatch took to get back

Retention of identification documents when asking for consent does not ipso facto make the request coercive. The record is unclear on how long it took for computer checks to be complete, too. United States v. Perales, 2018 U.S. App. LEXIS … Continue reading

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E.D.Cal.: Prison inmate states 4A claim for digital rectal search in front of other inmates

Plaintiff prison inmate states a claim for a digital search in front of other inmates. Fuentes v. Cal. Dep’t of Corr., 2018 U.S. Dist. LEXIS 52132 (E.D. Cal. Mar. 29, 2018). The prison strip search here had a legitimate penological … Continue reading

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NC: Partial strip search at stationhouse was with PC and reasonably conducted

Defendant’s partial strip search at the stationhouse in a private room was reasonable for its factual basis and how it was done. After a dog alert on defendant’s car seat and no drugs in the car, it was reasonable to … Continue reading

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OH Ct.Claims: Ptf prison visitor didn’t prove her strip search was justified or unreasonably conducted

Plaintiff failed to prove her visitor strip search claim against the prison guards involved. The search was based on sufficient particularized suspicion that drugs were coming in through this visitor. The court finds she didn’t remember signing the form about … Continue reading

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CA6: Jail group strip searches invasive, but penologically justified; ptf must answer defs’ proffered justification

While group strip searches at a jail are invasive, there is a penological justification offered that plaintiff doesn’t answer. There is no clearly established law that these are unreasonable. “The issue we face is whether periodically conducting group strip searches … Continue reading

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