Category Archives: Strip search

S.D.Ohio: Lack of factual basis for stop deprives state of Heien mistake of law argument

The video from the patrol car doesn’t support the officer’s claim that defendant didn’t properly stop at a stop sign that that was the basis for the stop. The court doesn’t find Heien applies because this isn’t a mistake of … Continue reading

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CA7 grants rehearing in jail strip search case where male guards got to watch females

Back July 17 was this post: CA7 declines to reinstate a 4A jail strip search claim after 8A claim went to trial; SCOTUS needs to decide re Henry v. Hulett, 2019 U.S. App. LEXIS 21009 (7th Cir. July 16, 2019). … Continue reading

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NYTimes: Strip-Searching of 8-Year-Old at Prison Leads Virginia to Halt the Practice

NYTimes: Strip-Searching of 8-Year-Old at Prison Leads Virginia to Halt the Practice (“Gov. Ralph Northam suspended the policy after a girl was strip-searched while trying to visit her father.”) And I lost a case similar to this about 18 years … Continue reading

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E.D.Ky.: Paraphrasing def’s jail calls on hearsay without affiant actually listening to them isn’t a Franks violation

A full forensic search of defendant’s cell phone was authorized by the affidavit which was attached to the search warrant. There were admissions from the defendant on jail calls to others that were reported to the police. The paraphrasing the … Continue reading

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NY3: Strip search after a frisk not justified merely for drug arrest; must be RS drugs on person, and here there wasn’t

Defendant had been frisked, and there’s no justification in New York for a strip search of all drug defendants without more information, at least reasonable suspicion, that drugs are actually secreted on the person. That was lacking here. People v. … Continue reading

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NY1: Ptf stated claim for unreasonable strip search at stationhouse for a misdemeanor

Plaintiff states a claim for a visual strip in a stationhouse search forbidden for a misdemeanor. There are fact questions for trial as to what the officers knew about alleged possession of contraband. Beauvoir v City of New York, 2019 … Continue reading

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CA8: Strip search of female detainee on parking lot stated § 1983 claim

Nearly public strip search of female detainee on an open parking lot by a female officer also berating her with a male officer nearby stated a claim and overcame qualified immunity. Robinson v. Hawkins, 2019 U.S. App. LEXIS 26772 (8th … Continue reading

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MD: Daylight strip search on the side of highway was unreasonable

“The non-exigent visual inspection of the genital area of a person suspected of concealing controlled dangerous substances, in daylight, while the person stood between two police cruisers with emergency lights flashing, along the shoulder of an interstate highway, as moderate … Continue reading

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CA7 declines to reinstate a 4A jail strip search claim after 8A claim went to trial; SCOTUS needs to decide

Plaintiff female prisoners filed a Fourth Amendment and Eighth Amendment claim against a jail for what they alleged was an invasion of privacy by an unjustified group strip search. The district court granted summary judgment against them on the Fourth … Continue reading

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LA Times: Women in jail endured group strip searches. LA County to pay $53 million to settle suit

LA Times: Women in jail endured group strip searches. LA County to pay $53 million to settle suit by Alene Tchekmedyinsta:

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CA6: No QI for a baseless stop, strip search, and body cavity search and then tightening handcuffs for ptf’s complaining about his treatment

The officer gets no qualified immunity in his interlocutory appeal. On the complaint, plaintiff stated a claim that his stop was not objectively reasonable in the first place. A police dog was put into plaintiff’s vehicle, then it was searched … Continue reading

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News Maven: Cop, CPS Strip-Search Six Kids, 4-Year-Old after Mom’s 10-Minute Muffin Errand

News Maven: Cop, CPS Strip-Search Six Kids, 4-Year-Old after Mom’s 10-Minute Muffin Errand by Ben Keller: Kentucky police and CPS threatened to take a mother’s kids if she didn’t allow them in her home to strip-search them.

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