Archives for: June 2012, 26
06/26/12
CA5 adopts RS as standard for prison employee search; underwire bra setting off metal detector enough at a prison
Plaintiff is a Texas DOC employee whose underwire bra set off the metal detector entering the prison for work. Her partial strip search was justified by reasonable suspicion of possession of a cell phone or other metal object. The Fifth Circuit adopts the majority rule that reasonable suspicion is required for a search of a prison employee, and all Texas prisons are on guard for smuggling of cell phones into prison which is contraband. Rouse v. Tex. Dep't of Crim. Justice Institutional Div., 479 Fed. Appx. 612 (5th Cir. 2012):
First, we agree with the district court that the prison officials were required to have reasonable suspicion that appellant was carrying contraband in order to justify the partial strip search of the plaintiff. Where visitors to the prison will be exposed to prison inmates, we have stated that "[t]o justify the stip search of a particular visitor under the reasonable suspicion standard, prison officials must point to specific objective facts and rational inferences that they are entitled to draw from those facts in light of their experience." Thorne v. Jones, 765 F.2d 1270, 1277 (5th Cir. 1985). The standard requires "individualized suspicion" specifically directed to the person who is targeted for the strip search. Varrone v. Bilotti, 123 F.3d 75, 79 (2d Cir. 1997). At least three circuits have held that reasonable suspicion is the appropriate standard for the partial strip search of prison staff. Leverette v. Bell, 247 F.3d 160 (4th Cir. 2001); McDonnell v. Hunter, 809 F.2d 1302 (8th Cir. 1987); Security and Law Enforcement Employees, District Council 82 v. Carey, 737 F.2d 187 (2d Cir. 1984). The appellant does not challenge the district court's conclusion that this is the appropriate legal standard.
We also agree that when appellant triggered the metal detectors, the prison officials had reasonable suspicion and were entitled to conduct the partial strip search. Under the facts recited above, the prison officials had the "individualized suspicion" of appellant to justify the partial strip search. ...
D.N.M.: Copar Pumice attorneys fee award $111k for Fourth Amendment violation despite small verdict
The mining company’s long running Fourth Amendment case against New Mexico authorities resulted in a jury verdict of $1 but included attorneys fees for a state administrative proceeding of $16,000. The award was not nominal. The lodestar for fees is “Because the Court finds that Copar Pumice's claimed hourly rates are reasonable, and because the Court finds that its time spent in litigating this matter is reasonable, the Court calculates the lodestar amount to be $124,401.14 in attorney's fees with $2,380.17 in expenses,” but it is reduced 10%. Copar Pumice Co. v. Morris, 2012 U.S. Dist. LEXIS 87098 (D. N.M. June 13, 2012).*
Consent search of passenger compartment produced cocaine and marijuana, so officer could search the trunk based on that probable cause. United States v. Denson, 2012 U.S. Dist. LEXIS 87493 (E.D. Tex. May 21, 2012).*
Under the WV implied consent law, a driver who refuses a test is only subject to a test by search warrant, if one is sought. State v. Stone, 728 S.E.2d 155 (W. Va. 2012).*
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down rules for the conduct of the authorities, often becomes complex in its
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results, especially if one's attention is confined to the particular case at
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or worse, its disregard of the charter of its own existence." Any costs the exclusionary rule are costs imposed directly by the Fourth Amendment. "There have been powerful hydraulic pressures throughout our history that
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exposes to the public, even in his own home or office, is not a subject of Fourth
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Maryland v. King, granted Nov. 9, argued Feb. 26
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Missouri
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Bailey
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19) (ScotusBlog)
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2011-12 Term:
Ryburn
v. Huff, 132 S.Ct. 987, 181 L.Ed.2d 966 (Jan. 23,
2012) (other
blog)
Florence
v. Board of Chosen Freeholders, 132 S.Ct. 1510, 182 L.Ed.2d 566 (April 2,
2012) (ScotusBlog)
United
States v. Jones, 132 S.Ct. 945, 181 L.Ed.2d 911 (Jan. 23, 2012) (ScotusBlog)
Messerschmidt
v. Millender, 132 S.Ct. 1235, 182 L.Ed.2d 47 (Feb. 22, 2012) (ScotusBlog)
Kentucky
v. King, 131 S.Ct. 1849, 179 L.Ed.2d 865 (May 16, 2011) (ScotusBlog)
Camreta
v. Greene, 131 S.Ct. 2020, 179 L.Ed.2d 1118 (May 26, 2011) (ScotusBlog)
Ashcroft
v. al-Kidd, 131 S.Ct. 2074, 179 L.Ed.2d 1149 (May 31, 2011) (ScotusBlog)
Davis
v. United States, 131 S.Ct. 2419, 180 L.Ed.2d 285 (June 16, 2011) (ScotusBlog)
2009-10 Term:
Michigan
v. Fisher, 558 U.S. 45, 130 S.Ct. 546, 175 L.Ed.2d 410 (Dec. 7, 2009) (per
curiam) (ScotusBlog)
City
of Ontario v. Quon, 130 S.Ct. 2619, 177 L.Ed.2d 216 (June 17, 2010) (ScotusBlog)
2008-09 Term:
Herring
v. United States, 555 U.S. 135, 129 S.Ct. 695, 172 L.Ed.2d 496 (Jan. 13,
2009) (ScotusBlog)
Pearson
v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 172 L.Ed.2d 565 (Jan. 21, 2009)
(ScotusBlog)
Arizona
v. Johnson, 555 U.S. 323, 129 S.Ct. 781, 172 L.Ed.2d 694 (Jan. 26, 2009)
(ScotusBlog)
Arizona
v. Gant, 556 U.S. 332, 129 S.Ct. 1710, 173 L.Ed.2d 485 (April 21, 2009)
(ScotusBlog)
Safford
Unified School District #1 v. Redding, 557 U.S. 364, 129 S.Ct. 2633, 174
L.Ed.2d 354 (June 25, 2009) (ScotusBlog)
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—Me
—Williams
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J.), rev'd Nix v. Williams, 467 US. 431 (1984).
—Mapp
v. Ohio, 367 U.S. 643, 659 (1961).
—Yale Kamisar, 86 Mich.L.Rev. 1, 36 n. 151 (1987).
— Terry
v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).
—Entick
v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)
—United
States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)
—Chapman
v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).
—Arizona
v. Hicks, 480 U.S. 321, 325 (1987)
—Katz
v. United States, 389 U.S. 347, 351 (1967)
—United
States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)
—United
States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)
—Mick Jagger & Keith Richards
—Martin Niemöller (1945) [he served seven years in a concentration
camp]
—Pepé Le Pew
—Malcolm Forbes
"The point of the Fourth Amendment, which often is not grasped by zealous officers,
is not that it denies law enforcement the support of the usual inferences which
reasonable men draw from evidence. Its protection consists in requiring that
those inferences be drawn by a neutral and detached magistrate instead of being
judged by the officer engaged in the often competitive enterprise of ferreting
out crime."
—Johnson
v. United States, 333 U.S. 10, 13-14 (1948)
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