Category Archives: 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

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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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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):

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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

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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

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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:

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IL: ER blood draw was private search for diagnostic purposes

“The mere filing of a motion [to suppress] is not proof that a search occurred.” Defendant first failed to prove that he was the subject of the search. Second, even if it was assumed, the hospital took the blood draw … Continue reading

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WaPo: Body searches of 900 Georgia students by sheriff’s office leads to $3 million settlement

WaPo: Body searches of 900 Georgia students by sheriff’s office leads to $3 million settlement by Susan Hogan:

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ID: Trial court suppressed forced catheterization of OUI suspect in hospital (not an issue on appeal)

The trial court suppressed a forced catheterization of defendant in her OUI case as exceeding her consent. It wasn’t clear whether it was for law enforcement or medical purposes. This wasn’t an issue on appeal (for good reason because it … Continue reading

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OH2: Def spoke English well enough to consent

The court finds the defendant spoke English well enough to understand what the officer was saying to him and thus consented to a search of his hotel room. State v. Guerrero-Sanchez, 2017-Ohio-8185, 2017 Ohio App. LEXIS 4548 (2d Dist. Oct. … Continue reading

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