W.D.Mich.: In a prison male group strip search, def female guard doesn’t show QI from how it was done

In a prison group strip search, “Defendant has failed to properly support her motion for summary judgment with relevant evidence showing the existence of a legitimate penological need for the group strip search and why her presence inside the Chapel was necessary at the time of the search.” Cavin v. Belfry, 2018 U.S. Dist. LEXIS 131713 (W.D. Mich. Aug. 6, 2018).

Even if the probable cause is deficient, the good faith exception may be relied upon if it was reasonable to believe in probable cause. Then, the court talks about what makes it reasonable thereby proving that there was probable cause, which it was not deciding. [And, once again, the probable cause requirement is read out of the Fourth Amendment.] United States v. Tharps, 2018 U.S. App. LEXIS 21573 (4th Cir. Aug. 3, 2018).

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