“During a lawful strip search of the defendant following his arrest, police officers observed a plastic bag protruding from the cleft between his buttocks and caused him to remove it; it was revealed to contain individually wrapped plastic bags of both heroin and cocaine.” This was a strip search and not a body cavity search. Commonwealth v. Jeannis, 2019 Mass. LEXIS 297 (May 24, 2019).
Defendant’s counsel didn’t file a motion to suppress but codefendants did. Theirs were denied, but they were re-urged at trial after the proof supported it more, and they then prevailed. Defendant’s counsel sought to join the motion to suppress, but it was denied as untimely, and his standing was questioned. The district court did not abuse its discretion in denying the motion to suppress as to defendant. On plain error review, the court doesn’t find it because of defendant’s standing. Defendant’s attempt to pursue it as an ineffective assistance of counsel claim is postponed to his 2255. United States v. Williams, 2019 U.S. App. LEXIS 15534 (5th Cir. May 24, 2019).