S.D.N.Y.: Policy directive for criminal court appearance strip searches presumptively public and not sealed

This is litigation over strip searches of detainees coming into the Manhattan Criminal Court building for court. A policy directive from another case litigated in 2018 is pertinent. The presumption of access to public records applies, and the directive will not be sealed. Lewis v. City of N.Y., 2023 U.S. Dist. LEXIS 226867 (S.D.N.Y. Dec. 20, 2023).

Multiple hand-to-hand transactions support the search warrant here. “Although the affidavit in this case was thin, it was not devoid of information indicating that evidence of drugs was likely to be found in Howard’s residence. And, as we have explained, ‘[d]oubtful or marginal cases should be resolved in favor of upholding the warrant.’ … We accordingly hold that the trial court did not err in finding that the affidavit was supported by probable cause and in denying Howard’s motion to suppress.” State v. Howard, 2023-Ohio-4618 (1st Dist. Dec. 20, 2023).*

Without telling us what it was, the court holds there was a sufficient showing of probable cause for this warrant. People v. Belizaire, 2023 NY Slip Op 06527, 2023 N.Y. App. Div. LEXIS 6589 (2d Dept. Dec. 20, 2023).*