Category Archives: Body searches

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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WaPo: Georgia sheriff, deputies indicted after body searches of 900 high school students

WaPo: Georgia sheriff, deputies indicted after body searches of 900 high school students by Kyle Swenson: The sound system squawked at 8 a.m., just as the school day was revving up at Worth County High School. The campus was now … Continue reading

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CA5: Bodycam video showed that this fatal shooting was apparently justified, and that essentially made credibility of the officer irrelevant

In this § 1983 action against a former deputy sheriff, which alleged excessive force in violation of the Fourth Amendment, the factual issues identified by the district court on summary judgment were immaterial in light of undisputed filmed facts of … Continue reading

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NPR (WMUK): New Baltimore Police Scandal Threatens Criminal Cases

On the body camera video showing planted drug evidence, see NPR (WMUK): New Baltimore Police Scandal Threatens Criminal Cases by Eric Westervelt. Thus far, 40 cases have been dropped.

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