Category Archives: Strip search

IA: Strip search incident shown justified in drug arrest

Strip search as a search incident to arrest was shown justified on this record. The smell of marijuana came from his person but nothing was on him. State v. Evans, 2016 Iowa App. LEXIS 1004 (Sept. 28, 2016):

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CA3: Strip searching an inmate in isolation 3 times a day serves no penological purpose and is enjoined

Strip searching an inmate in isolation three times a day serves no penological purpose and is enjoined. Parkell v. Danberg, 2016 U.S. App. LEXIS 15092 (3d Cir. Aug. 17, 2016):

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NY3: SW for strip search for drugs hidden in crotch was reasonable

A search warrant for any vehicle defendant was found driving was particular enough. There was a factual basis for issuing a search warrant for a strip search where the CI said that defendant kept drugs in his crotch. People v. … Continue reading

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CA3: Direction to ptf to remove pants for observation of UA on supervision was reasonable

Plaintiff was in a urine testing program as a condition of state supervision, and, to prevent cheating, the testing officer directed him to remove his pants so direct observation could be done. Plaintiff characterizes this as a strip search. The … Continue reading

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CA3: Parolee strip search in his own home was reasonable

Parole officers were properly granted summary judgment in a parolee’s claim that they unreasonably searched his property without cause. There was cause, there was no need for reasonable suspicion, and he established no material factual dispute about anything. Moreover, the … Continue reading

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KY: Strip search was reasonable because of def’s sagging pants and exposed underwear

Defendant’s “strip search” was reasonable in part because his pants were already sagging and his underwear was showing. Jackson v. Commonwealth, 2016 Ky. App. LEXIS 31 (March 4, 2016). Defendant was not in custody when he told police in a … Continue reading

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CA2: Florence on jail strip searches was an intervening change in law allowing undoing a prior order

Florence v. Board of Chosen Freeholders of County of Burlington was an intervening change in law that permitted the district court to undo a jail strip search class action judgment. In re Nassau County Strip Search Cases, 2016 U.S. App. … Continue reading

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IL: SW for drugs on person permitted strip search and squat; no touching involved

Officers got a search warrant for a strip search to search defendant’s person for drugs. Making him squat to release a packet of drugs between his “butt cheeks” was within the warrant. People v. Jarvis, 2016 IL App (2d) 141231, … Continue reading

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NC: Strip search for drugs in buttocks was based on PC

Officers had probable cause to believe that defendant had drugs secreted on his person. When a search of his clothing produced nothing, officers could then make him remove his clothes to search underneath them. Drugs were hidden in his buttocks. … Continue reading

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NY4: Pulling def’s underwear out on the street was without reasonable suspicion

Forty-three months after his drug conviction, the officer’s search on the street of defendant’s genitals by pulling out his underwear and looking in was not based on reasonable suspicion he was armed. Search suppressed and case dismissed. People v. Smith, … Continue reading

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Milwaukee Journal Sentinel: Milwaukee to pay $5 million to settle suits over illegal strip searches

Milwaukee Journal Sentinel: Milwaukee to pay $5 million to settle suits over illegal strip searches by Bruce Vielmetti: The City of Milwaukee on Tuesday proposed paying $5 million to 74 African-American residents who say they were subjected to illegal strip … Continue reading

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CA9: Warrantless jail rectal search that was painful and bloody should have been suppressed

On petition for rehearing from United States v. Fowlkes, 770 F.3d 748 (9th Cir. August 25, 2014) (prior post here), the panel concludes (2-1) that drug evidence obtained from a forced jail rectal search without a warrant that was painful … Continue reading

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