Category Archives: Strip search

D.S.C.: Strip search for gun in groin was reasonable on the totality: “the search was less than ideal, but so were the circumstances”

A patdown revealed a gun hidden in defendant’s groin area. His strip search on the street produced the gun hidden in his underwear. The record doesn’t show whether others saw the strip search, a factor in reasonableness, but it certainly … Continue reading

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NJ strip search for $6.50 traffic ticket violates state statute

New Jersey by statute prohibits strip searches except for a crime. Defendant was arrested for an outstanding $6.50 traffic ticket and strip searched. The state can’t bootstrap this arrest into a search incident. State v. Evans, 2017 N.J. Super. LEXIS … Continue reading

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CA5 joins CA3: Florence strip search rule on jail intake applies to juveniles

The plaintiff’s daughter, a juvenile, was in a fight at school and was taken to juvenile detention. She was strip searched and subjected to a body cavity search yet was released fairly quickly. Partial summary judgment was granted the county … Continue reading

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Cal.4th: Public strip search of ptf stated claim: He was in a park arrested for being there after it closed, on a bike without a headlight, and fled when officers approached

Plaintiff had a claim under the Tom Bane Civil Rights Act, even if officers had probable cause for an arrest, because he alleged roadside body cavity searches which necessarily amounted to intentional conduct separate and independent from a lawful arrest … Continue reading

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IN: Dog alert on car that leads to search that came up empty didn’t permit strip search of the occupants

A drug dog alerted on defendant’s car, so the police searched it, coming up empty. That alone did not justify taking the occupants in to the police station for a strip search. Thomas v. State, 2016 Ind. App. LEXIS 457 … Continue reading

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MD: Strip search incident to arrest was valid on balance on this record

On this record with a wealth of reasonable suspicion and then probable cause, a strip search incident to arrest was justified at the police station in the breathalyser room. Defendant stripped and bent over but refused to spread his cheeks. … Continue reading

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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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