Category Archives: Body searches

NY1: Def denied opportunity to participate in hearing for body samples required reversal

A suspect from whom body samples (like DNA) are being taken is entitled by due process to participate in the search warrant issuance process. Here, he wasn’t. Reversed. People v. Goldman, 2019 NY Slip Op 02976, 2019 N.Y. App. Div. … Continue reading

Posted in Body searches, Probable cause | Comments Off on NY1: Def denied opportunity to participate in hearing for body samples required reversal

N.D.Ohio: Corroboration of CI for rectal SW was thin, but GFE applies

Based on a CI that was partially corroborated, officers believed defendant was concealing drugs in his rectum. They obtain a search warrant for a rectal search. The probable cause from the CI is thin. “Basic fairness requires the government to … Continue reading

Posted in Body searches, Good faith exception | Comments Off on N.D.Ohio: Corroboration of CI for rectal SW was thin, but GFE applies

CA7: QI barred § 1983 over forced prison blood draw

Plaintiff is an inmate in prison who was ordered to give a blood test when prison officials decided he wasn’t acting right and might be high. His suit over the prison’s forced blood draw is barred by qualified immunity. Holm … Continue reading

Posted in Body searches, Prison and jail searches, Qualified immunity | Comments Off on CA7: QI barred § 1983 over forced prison blood draw

W.D.Va.: Govt doesn’t get to photograph all tattoos on defs’ bodies, despite what’s available on social media; just those normally visible

The government can photograph defendants’ tattoos that are normally visible in daily use. The government cannot, however, photograph tattoos usually covered by clothes despite the fact they were occasionally revealed on social media pages. That’s not a waiver as to … Continue reading

Posted in Body searches, Reasonable expectation of privacy | Comments Off on W.D.Va.: Govt doesn’t get to photograph all tattoos on defs’ bodies, despite what’s available on social media; just those normally visible

D.Ariz.: A dog sniff of the person at the border is not “non-routine”

Defendant crossed into the U.S. at a pedestrian border crossing. A dog sniff of the person was conducted. “The Court finds that the intrusiveness of the canine search did not rise to the level of a non-routine search, which would … Continue reading

Posted in Automobile exception, Body searches, Dog sniff | Comments Off on D.Ariz.: A dog sniff of the person at the border is not “non-routine”

CA5: Officers get QI for body cavity search with SW that turned up nothing

Plaintiff’s pat down at the jail after a valid arrest led officers to believe that he had something protruding from his anus. He denied anything was there, and he refused to consent to removing it. Officers got a search warrant … Continue reading

Posted in Body searches, Qualified immunity | Comments Off on CA5: Officers get QI for body cavity search with SW that turned up nothing

NY1: Tossing backpack from car is waiver of REP

Defendant had no reasonable expectation of privacy in a backpack he tossed from a car as he was being stopped by the police. (This conviction was February 2013; nearly six years being decided on appeal.) People v. Febo, 2018 N.Y. … Continue reading

Posted in Abandonment, Body searches, Drug or alcohol testing | Comments Off on NY1: Tossing backpack from car is waiver of REP

E.D.Mich.: Govt showed basis to get SW for def’s blood to prove he wasn’t taking the oxy he was prescribed

Defendant’s oxycodone use was tipped to the police by an automated system that he was prescribed 50 oxys a day for five years [yet wasn’t dead]. “The indictment further alleges that from November 2012-November 2017, Defendant filled prescriptions on a … Continue reading

Posted in Body searches, Drug or alcohol testing, Probable cause | Comments Off on E.D.Mich.: Govt showed basis to get SW for def’s blood to prove he wasn’t taking the oxy he was prescribed

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

Posted in Body searches, Special needs | Comments Off on CA9: Forced sex abuse exam of children without parental consent or court approval violates 4A

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

Posted in Abandonment, Arrest or entry on arrest, Body searches | Comments Off on PA: There was no PC for entry on a two-month-old capias

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

Posted in Body searches, Strip search | Comments Off on 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

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

Posted in Body searches, Police misconduct | Comments Off on 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