Category Archives: Body searches

ID: Not telling arrestee reason for arrest in violation of statute not a 4A violation

Failure to notify an arrestee of the reason for his arrest in violation of the statute does not make the arrest violate the Fourth Amendment or state constitution. State v. Lancaster, 2022 Ida. LEXIS 133 (Nov. 1, 2022). There were … Continue reading

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W.D.Va.: Def’s resisting execution of a SW was a factor in finding dangerousness to deny release pending trial

Defendant’s resisting his arrest, including a search warrant, was a factor in denying release pending trial. United States v. Wagoner, 2022 U.S. Dist. LEXIS 25232 (W.D.Va. Feb. 11, 2022). Questions of fact exist on whether plaintiff’s forced digital rectal exam … Continue reading

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CT scan for swallowed SD card with alleged CP

WaPo: Maryland judge about to be arrested dies in apparent suicide recounts his CT scan with a search warrant to locate an SD card with alleged child porn he swallowed to hide it from investigators.

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CT: Statutorily required HIV testing in sex case without showing of need violated state constitution

Compulsory HIV testing of a person accused in a sex crime violates the state constitution’s privacy and search and seizure provision. There is a lack of medical justification for it. State v. Bemer, 2021 Conn. LEXIS 205 (July 14, 2021). … Continue reading

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CA7: Groin search for drugs on side of highway was reasonable

Defendant’s side-of-the-road groin search and the reach into his underwear for a ball of drugs was reasonable on the totality. Brown v. Kazmierski, 2021 U.S. App. LEXIS 19962 (7th Cir. July 6, 2021):

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PA: DUI with agg. assault was sufficiently exigent to dispense with SW for BAC

Defendant was accused of DUI and aggravated assault, and the officer decided that the additional complexity of investigating the assault charge made a warrantless blood draw exigent. It didn’t matter that the state charged him with the assault two months … Continue reading

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MO: DNA could be taken from def’s genitalia without a warrant on arrest shortly after alleged crime because of exigency

Exigent circumstances permitted the police to take DNA samples from defendant’s genitalia within minutes of an alleged rape. Time was of the essence because the DNA could be lost if defendant were left to his own devices or even possibly … Continue reading

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S.D.N.Y.: Random Covid testing reasonable search under special needs doctrine

Assuming random Covid testing of NYC school children is a Fourth Amendment search, the court applies Vernonia School District 47J and special needs and finds it reasonable. Aviles v. De Blasio, 2021 U.S. Dist. LEXIS 38930 (S.D. N.Y. Mar. 2, … Continue reading

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CA1: Controlled buys were RS for a later stop

“Based on the previous controlled drug sales in which agents had seen Ochan participate — including the sale that day — agents had specific knowledge that Ochan sold drugs. From there, the sequence of events on the day of Tom’s … Continue reading

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OH1: Blood draw from unconscious driver is by consent and reasonable

“Under [Ohio statute] an unconscious driver is deemed to have consented to a blood draw,” and that doesn’t violate the Fourth Amendment. State v. Albright, 2021-Ohio-292, 2021 Ohio App. LEXIS 301 (1st Dist. Feb. 3, 2021).* 2255 petitioner’s Fourth Amendment … Continue reading

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CA5: Ptf’s manual strip and body search in prison for a missing syringe was reasonable

Plaintiff’s manual strip and body search in prison for a missing syringe was reasonable. Parker v. Woods, 2020 U.S. App. LEXIS 36359 (5th Cir. Nov. 19, 2020):

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D.Mont.: Warrantless taking of penile swabs from def in custody lacked exigency

Warrantless collection of penile swabs from defendant in custody lacked exigent circumstances and was suppressed. United States v. Birdsbill, 2020 U.S. Dist. LEXIS 196612 (D. Mont. Oct. 20, 2020):

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TX: SW to draw blood in DUI case allows testing for BAC

A search warrant to draw defendant driver’s blood included the ability to test it for BAC. But not anything else, such as genetic information, but that’s not the issue. Crider v. State, 2020 Tex. Crim. App. LEXIS 612 (Sept. 16, … Continue reading

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Argus Leader: Federal judge awards thousands to those forcibly catheterized for urine samples

Argus Leader: Federal judge awards thousands to those forcibly catheterized for urine samples by Danielle Ferguson (“A federal judge has approved a settlement to individuals who were unconstitutionally made to provide urine samples for suspected drug use through forced catheterizations. … Continue reading

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CA7: County jail’s body cavity searches of ptf were fact based on RS and reasonable

Plaintiff was subjected to two body cavity searches of her rectum and vagina for drugs she was reasonably believed to have smuggled into the jail through booking. It was invasive, but it was reasonable on balance with the jail’s security … Continue reading

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CA10: Body cavity search of arrestee not going into jail was unreasonable and based on jail policy

“A series of coincidences and mistaken beliefs led to the arrest of Laramie Hinkle for possessing a stolen trailer that was not even stolen. And things got worse from there. Despite Hinkle’s recently having served as police chief in a … Continue reading

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D.S.D.: Forced catheterization of drug suspects with SW merely to see if drugs are in their system was unreasonable

Forced catheterization of drug suspects with a search warrant, who refused to urinate on demand, because of suspicion of drug use was unreasonable under the Fourth Amendment under Schmerber. The individual defendants get qualified immunity, however, because of a lack … Continue reading

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Sioux Falls Argus Leader: Judge: Forced catheterizations by South Dakota law enforcement violated Constitution

Sioux Falls Argus Leader: Judge: Forced catheterizations by South Dakota law enforcement violated Constitution by Jonathan Ellis (“South Dakota law enforcement’s practice of using forced catheterizations to obtain urine samples from suspects violates the U.S. Constitution, a federal judge has … Continue reading

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CA7: QI for testing HIV sample for Hep C, too; no cause of action for violating prison policy

Plaintiff is a prisoner who bloodied a guard. He consented to a blood draw to be tested for HIV, but they also tested for Hep C. He sued over the latter. They get qualified immunity. There’s no clearly established law … Continue reading

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TX5: SW for blood didn’t have to say it could be tested, too; why else was it drawn?

A search warrant for a blood sample doesn’t have to say that it could be tested, too. Otherwise, why draw it at all. Common sense dictates it would be. Suppression order reversed. State v. Staton, 2020 Tex. App. LEXIS 2610 … Continue reading

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