Category Archives: Body searches

CA9: Forced sex abuse exam of children without parental consent or court approval violates 4A

Children were removed from the home because of suspected child abuse and subjected to forced gynecological and rectal exams without any court authorization or parental knowledge or consent. The court assumes the “special needs” doctrine applies and then finds it … Continue reading

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PA: There was no PC for entry on a two-month-old capias

Defendant was arrested as a result of an entry on a capias for a domestic relations “violation.” The warrant was two months getting served, and there was no inquiry into whether defendant was residing at the home of a friend … Continue reading

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E.D.Ky.: Searching def’s underwear for drugs at 1:24 am on a virtually empty street that nobody likely saw was not unreasonable

The officer’s search of defendant’s underwear for drugs at 1:24 am on a dark night and nearly empty street was not a strip search and it was reasonably conducted. Nobody else was close enough to see anything. United States v. … Continue reading

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CA6: Alleged inappropriate search of 17-year-old girl before letting her go to bathroom during traffic stop that led to a drug dog and finding nothing gets to go to jury

A traffic stop of plaintiff’s family led to calling a drug dog. While waiting for the drug dog, plaintiff had to use the bathroom, and the detaining officers called for a female officer to escort her to a nearby bathroom … Continue reading

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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

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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

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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:

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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:

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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

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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

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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

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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

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