Defendant had been frisked, and there’s no justification in New York for a strip search of all drug defendants without more information, at least reasonable suspicion, that drugs are actually secreted on the person. That was lacking here. People v. Turner, 2019 NY Slip Op 07443, 2019 N.Y. App. Div. LEXIS 7512 (3d Dept. Oct. 17, 2019).
“Unreasonable seizures violate the Fourth Amendment while voluntary encounters with the police do not. This case implicates the dividing line. A police officer rushed to approach David Holly in Chicago’s Altgeld Gardens Housing Complex and asked if he had a gun. Holly answered yes, which resulted in his arrest and subsequent conviction for possessing a firearm as a convicted felon. Holly later moved to suppress the gun, contending that the officer’s approach and questioning constituted an impermissible seizure. The district court denied that motion after finding that Holly consented to the encounter. We agree and affirm. In the totality of circumstances, Holly’s interaction with police fell on the voluntary side of the line.” United States v. Holly, 2019 U.S. App. LEXIS 31040 (7th Cir. Oct. 18, 2019).*