D.D.C.: Overdetention claim doesn’t lie under 4A but does under 5A

Plaintiff’s overdetention claim doesn’t lie under the Fourth Amendment but it does under the Fifth. “According to Jones, strip searching an inmate who has been ordered released before returning that inmate to the general population violates the Fourth Amendment unless the corrections officials have individualized, reasonable suspicion to search the inmate. That argument is belied by D.C. Circuit and Supreme Court precedent.” Jones v. D.C., 2018 U.S. Dist. LEXIS 142088 (D.D.C. Aug. 22, 2018).

“Defendant abandoned the truck when he crashed it and then fled from police into the adjacent woods. Defendant led law enforcement on a high speed chase, engaged in reckless driving, and rolled and flipped the vehicle on the side of a state highway. As soon as the truck came to rest on its roof, the Defendant immediately darted out of the vehicle on foot into the adjacent woods in an attempt to flee from police. By leaving the vehicle wrecked on the side of the highway in order to flee, Defendant relinquished any expectation of privacy he may have had in the vehicle and any items that were located inside of it. Based on the totality of the circumstances, the Court finds the Defendant does not have standing to challenge the search of the truck or the subsequent seizure of the firearm.” United States v. Springfield, 2018 U.S. Dist. LEXIS 141790 (W.D. Mo. Aug. 21, 2018).*