Category Archives: Strip search

CA4: Ptf, a contract jail nurse, states a claim for being strip searched when mistaken for inmate [in scrubs]

Plaintiff is a nurse, and, for her first day on the job at this jail, she was accidentally strip searched when she was mistaken for a weekender. She stated a claim for relief that survives summary judgment and qualified immunity. … Continue reading

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TX5: No binding authority says there’s a REP in an inmate’s jail medical records

There is no binding authority that a jail inmate has a reasonable expectation of privacy in his jail medical records, so the court finds the exclusionary rule shouldn’t apply. Quaschnick v. State, 2024 Tex. App. LEXIS 1108 (Tex. App. – … Continue reading

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D.S.D.: Def’s lies to police during arrest completely undermines his credibility in a pro se Franks challenge

Defendant pro se makes allegations of a Franks violation but nothing substantive is offered for the “substantial preliminary showing.” Moreover, because he lied to the officers during his arrest, the court finds him without credibility. United States v. Ward, 2023 … Continue reading

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CA6: Recently discovered alleged Franks violation not sufficient for successor habeas petition

Even if there was a recently discovered Franks violation in the underlying search warrant affidavit that produced evidence against defendant, that doesn’t satisfy the standard for a successor habeas petition. In re Rooks, 2023 U.S. App. LEXIS 31471 (6th Cir. … Continue reading

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PA MMA doesn’t permit driving while smoking MMJ

The MMA doesn’t permit driving while smoking MMJ. The smell of burnt MJ coming from defendant’s car was reasonable suspicion to extend the stop. Commonwealth v. Sloan, 2023 PA Super 173 (Sep. 21, 2023).* Plaintiff was in court shortly after … Continue reading

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MD: IAC Brady claim fails over search claim

Defense counsel’s failure to seek the IAD file on the officers at a suppression hearing wasn’t ineffective assistance of counsel. The searching officer had an alleged propensity to exaggerate and excessively strip search. Here, however, another officer was there to … Continue reading

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CA5: Retaliatory arrest under 1A also requires no PC under 4A

“But this court concluded that ‘Plaintiff-Appellees’ claims against Officer Currie … fall under the Fourth Amendment.’ [Mayfield, 976 F.3d at 486 n.1.] As that opinion explained, ‘in order to bring a First Amendment claim for retaliatory arrest, a plaintiff generally … Continue reading

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NY3: Where no information anyone else could be inside, no justification for protective sweep after def’s arrest

The police had no information even suggesting that another person was in the premises, and a protective sweep after defendant was arrested was unjustified. People v. Hadlock, 2023 NY Slip Op 03819, 2023 N.Y. App. Div. LEXIS 3839 (3d Dept. … Continue reading

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ID: Drug dog putting feet on car door and window during stiff was a trespass on the chattel and the search should have been suppressed

A warrantless Fourth Amendment “search” occurred when the police drug-sniffing dog trespassed against defendant’s vehicle for the purpose of obtaining information about, or related to, the vehicle. When the dog approached the driver’s side on his second pass, he clearly … Continue reading

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S.D.Ind.: 911 response to stabbing call had report of others inside; that was exigency

The officer arrived at plaintiff’s house because of a 911 call about a stabbing. A man who had been stabbed was outside and he said it happened inside and there were others. That justified the officer’s entry into the house. … Continue reading

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CA6: New information about a search doesn’t qualify for successor habeas

Alleged new information about the search of defendant’s property doesn’t allege actual innocence and thus is not grounds for a successor habeas. In re Fisher, 2023 U.S. App. LEXIS 677 (6th Cir. Jan. 11, 2023). 2255 petitioner’s ineffectiveness claim on … Continue reading

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SC Const. search and seizure and privacy provision protects abortion rights; Idaho says theirs doesn’t

The state 1971 constitutional amendment recognizing a right to privacy was really enacting what the people always believed about privacy. It provides: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches … Continue reading

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CA4: Bank robbery def abandoned the getaway car and his cell phone in it

“[T]he district court did not clearly err by finding that Pridgen abandoned the getaway vehicle and his cell phone, and, thus, the court did not err by finding that he lacked a reasonable expectation of privacy in those items when … Continue reading

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E.D.Pa.: Searching administratively impounded taxi states 4A claim

Plaintiff states a claim against the Philadelphia Parking Authority for detaining his temporarily impounded taxi for a later search without justification. Mbagwu v. PPA Taxi & Limousine Div., 2022 U.S. Dist. LEXIS 167790 (E.D. Pa. Sep. 16, 2022). A cross-sex … Continue reading

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OH12: Dog alert on car and def’s person didn’t justify strip search

There was reasonable suspicion for and continuing defendant’s stop. A dog sniff was permitted. The dog’s alert, however, didn’t permit a strip search of defendant. It did permit a search of the person. State v. Owensby, 2022-Ohio-1702, 2022 Ohio App. … Continue reading

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OH12: Any error in SW return has no effect on search

Any error in the search warrant return does not affect the search itself. Therefore, it can’t form a basis for suppression. Defendant also disclaimed any interest in the property at the time of the search. State v. McClendon, 2022-Ohio-1441, 2022 … Continue reading

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USA Today: Opinion: Prisons overuse strip searches to dehumanize people like me. End this horrific practice now.

USA Today: Opinion: Prisons overuse strip searches to dehumanize people like me. End this horrific practice now. (“New York, where I was incarcerated, should respect the bodily integrity and human dignity of those it holds in prison, as should every … Continue reading

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MA: Dog alert to buttocks PC for strip search

After witnessing suspicious movement, and observing white powder on the vehicle dashboard where defendant had been sitting, police had probable cause to arrest defendant on drug charges and consequently were justified in conducting a search of the defendant incident to … Continue reading

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NY Co.: Failure to execute SW in ten days voids it

The search warrant wasn’t executed within 10 days as required by statute where it had to be returned to the court if not. Suppressed. People v. Tonner, 2022 NY Slip Op 50175(U), 2022 N.Y. Misc. LEXIS 833 (N.Y. Co. Feb. … Continue reading

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S.D.Ohio: Officer’s reading a note during consent entry violated scope of consent

Defendant consented to an entry but the officer’s reading a note exceeded the scope of consent. That made the later search warrant based on that void. United States v. Genco, 2022 U.S. Dist. LEXIS 21055 (S.D.Ohio Feb. 7, 2022). The … Continue reading

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