Category Archives: Body searches

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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E.D.Mich.: Preliminary injunction denied against compulsory blood testing of newborns

Michigan blood tests newborns for certain diseases. Based on Kanuszewski v. Michigan Department of Health and Human Services, 333 F. Supp. 3d 716 (E.D. Mich. 2018), the court finds that the parents are unlikely to succeed on a preliminary injunction. … Continue reading

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NYTimes: Opinion: DNA Collection at the Border Threatens the Privacy of All Americans

NYTimes: Opinion: DNA Collection at the Border Threatens the Privacy of All Americans by Daniel I. Morales, Natalie Ram and Jessica L. Roberts (“We’re one step closer to the ‘genetic panopticon’ that Antonin Scalia warned us about.”)

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WaPo: You need a good reason to curb privacy. None exists for collecting DNA at the border.

WaPo: Editorial Board: You need a good reason to curb privacy. None exists for collecting DNA at the border. NEWS THIS MONTH that the U.S. government would start collecting DNA from people detained at the border seemed to sketch out … Continue reading

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CA3: Body cavity search for baggie of drugs was reasonable because of exigency of risk of overdose

Plaintiff’s body cavity search for a baggie of drugs in her vagina was reasonable by exigent circumstances because of a legitimate fear that she could be harmed and overdose if the bag leaked. Carbone v. Salem, 2019 U.S. App. LEXIS … Continue reading

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CA2: Not clearly established for QI that a warrantless body cavity search required exigency and a particularized suspicion

A police officer was entitled to qualified immunity because the right to be free from a warrantless manual body cavity search in the absence of exigent circumstances and a particularized suspicion that evidence of a crime was secreted inside the … Continue reading

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NYTimes: Woman Who Said Officer Removed Her Tampon Will Receive $205,000

NYTimes: Woman Who Said Officer Removed Her Tampon Will Receive $205,000 by Isabella Kwai (“San Antonio approved the payout to Natalie Simms, 40, who said in a lawsuit that the officer violated her rights during a cavity search on the … Continue reading

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WaPo: Her tampon was pulled out in public by a police officer looking for drugs. Now, she could get $205,000.

WaPo: Her tampon was pulled out in public by a police officer looking for drugs. Now, she could get $205,000. By Allyson Chiu:

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CA9: IRS agent’s need to watch ptf pee during SW was unreasonable; they didn’t do that to her husband when he did

Plaintiff’s claim that an IRS CID investigator had to watch her go to the bathroom just in case she was hiding evidence survived a qualified immunity challenge. The right to bodily privacy was established at the time, and the officer’s … Continue reading

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CA5: At summary judgment stage, “[t]his is an obvious case” that can’t be resolved on summary judgment

“The summary judgment facts, as determined by the district court, are that Ryan posed no threat to the officers or others to support firing without warning. The ‘Officers had the time and opportunity to give a warning and yet chose … Continue reading

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MN: Forced anoscopy under sedation was unreasonable under Winston

Strapping defendant down for a forced anoscopy under sedation in the presence of nonmedical personnel was unreasonable under the Fourth Amendment. The court applied Winston v. Lee on forced surgery, noting that several courts have applied it to nonsurgical body … Continue reading

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W.D.Wash.: Photographing the naked body of unconscious Taser victim in the hospital stated a claim and overcame QI

Plaintiff was unconscious in the hospital when the defendants manipulated her naked body to photograph Taser marks. She stated a claim under a 1963 Ninth Circuit case that overcame qualified immunity. Young v. Pena, 2019 U.S. Dist. LEXIS 131641 (W.D. … Continue reading

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