Category Archives: Body searches

CA9: No QI for IRS agent insisting that she watch ptf pee in her own bathroom during execution of tax SW

During an IRS criminal search, an IRS supervisory officer insisted that she watch plaintiff urinate in plaintiff’s own bathroom. This was sufficient to show an unreasonable invasion of privacy and overcome qualified immunity. Ioane v. Hodges, 2018 U.S. App. LEXIS … Continue reading

Posted in Body searches, Ineffective assistance, Reasonableness | Comments Off on CA9: No QI for IRS agent insisting that she watch ptf pee in her own bathroom during execution of tax SW

CO: Def doesn’t get a jury instruction in a DUI case that the officer could have sought a SW for blood

In a DUI case, defendant was not entitled to a jury instruction that the officer could have sought a search warrant for a blood draw. That’s not a jury question. People v. Gwinn, 2018 COA 130, 2018 Colo. App. LEXIS … Continue reading

Posted in Body searches, Staleness | Comments Off on CO: Def doesn’t get a jury instruction in a DUI case that the officer could have sought a SW for blood

Ars Technica: Cheese danish shipping, warrantless GPS trackers, and a border doctrine challenge

Ars Technica: Cheese danish shipping, warrantless GPS trackers, and a border doctrine challenge BY Cyrus Farivar:

Posted in Body searches, GPS / Tracking Data | Comments Off on Ars Technica: Cheese danish shipping, warrantless GPS trackers, and a border doctrine challenge

WaPo: In horrifying detail, women accuse U.S. customs officers of invasive body searches

WaPo: In horrifying detail, women accuse U.S. customs officers of invasive body searches by Susan Ferriss, Center for Public Integrity:

Posted in Body searches, Border search | Comments Off on WaPo: In horrifying detail, women accuse U.S. customs officers of invasive body searches

TX8: Hospital can’t be sued under § 1983 for medical negligence and battery in conducting intensive body, pelvic, and rectal searches for CBP that produced nothing at all

Plaintiff, an El Paso resident, was stopped at the border coming into El Paso from visiting a friend and subjected to several searches for drugs, including taking her to the appellant hospital for x-rays and a pelvic exam. Nothing was … Continue reading

Posted in § 1983 / Bivens, Body searches, Border search | Comments Off on TX8: Hospital can’t be sued under § 1983 for medical negligence and battery in conducting intensive body, pelvic, and rectal searches for CBP that produced nothing at all

MN: SW for drugs in rectum to be retrieved by anoscopy was reasonable under Winston

Following the three factor test of Winston v. Lee, the search warrant for defendant’s rectum performed at a hospital by a doctor by anoscopy was reasonable. It was an affront to dignity, but it was a reasonable and safe procedure. … Continue reading

Posted in Body searches | Comments Off on MN: SW for drugs in rectum to be retrieved by anoscopy was reasonable under Winston

LA5: Parole officers were stalking horses for police acting without RS

Defendant’s parole search was without reasonable suspicion. In addition, the parole officers were acting at the request of law enforcement officers acting on an unsubstantiated tip, and that’s unreasonable in this state. State v. Clay, 2018 La. App. LEXIS 1004 … Continue reading

Posted in Body searches, Probation / Parole search | Comments Off on LA5: Parole officers were stalking horses for police acting without RS

NY4: Def’s actions supported PC for a body SW

Officers executing a search warrant saw defendant acting like he had something hidden in the back of his pants. Defendant’s squirming and clenching his butt strongly suggested to the officer that he had drugs hidden in his rectum. The search … Continue reading

Posted in Body searches, Burden of pleading | Comments Off on NY4: Def’s actions supported PC for a body SW

NY3: Forced prison body cavity search was unreasonable

Defendant’s forced body cavity search in prison was unreasonable under all the circumstances. People v. Holton, 2018 NY Slip Op 02836, 2018 N.Y. App. Div. LEXIS 2830 (3d Dist. Apr. 26, 2018):

Posted in Body searches, Prison and jail searches | Comments Off on NY3: Forced prison body cavity search was unreasonable

E.D.Cal.: Prison inmate states 4A claim for digital rectal search in front of other inmates

Plaintiff prison inmate states a claim for a digital search in front of other inmates. Fuentes v. Cal. Dep’t of Corr., 2018 U.S. Dist. LEXIS 52132 (E.D. Cal. Mar. 29, 2018). The prison strip search here had a legitimate penological … Continue reading

Posted in Attenuation, Body searches, Prison and jail searches, Strip search | Comments Off on E.D.Cal.: Prison inmate states 4A claim for digital rectal search in front of other inmates

CA4: Officer who obtained court order for minor ptf to be detained and to get an erection so police could photograph it gets no QI; this isn’t remotely reasonable

Plaintiff was a 17 year old that allegedly sent a picture of his erection to his 15 year old girlfriend. Defendant obtained a court order for plaintiff to be transported to a juvenile detention center to masturbate to get an … Continue reading

Posted in § 1983 / Bivens, Body searches, Qualified immunity, Reasonableness | Comments Off on CA4: Officer who obtained court order for minor ptf to be detained and to get an erection so police could photograph it gets no QI; this isn’t remotely reasonable

MassPrivateI: Police in two states use hospitals to take motorists blood without a warrant

MassPrivateI: Police in two states use hospitals to take motorists blood without a warrant:

Posted in Body searches, Private search | Comments Off on MassPrivateI: Police in two states use hospitals to take motorists blood without a warrant