{"id":1922,"date":"2008-06-21T10:18:00","date_gmt":"2008-03-28T05:10:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-03-28T05:10:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1922","title":{"rendered":"NY: Visual body inspection permissible on probable cause in a drug case"},"content":{"rendered":"<p>Visual body inspection permissible on probable cause in a drug case, but a warrant is required for a body cavity search. <a href=\"http:\/\/www.nycourts.gov\/ctapps\/decisions\/mar08\/29opn08.pdf\">People v. Hall<\/a>, 2008 NY Slip Op 2676, 10 N.Y.3d 303, 886 N.E.2d 162 (2008):<\/p>\n<blockquote><p>In this case, we must consider whether it is constitutionally permissible for police to subject a person arrested for a drug sale to a visual body inspection followed by a body cavity  search without first obtaining a warrant. We conclude that a visual body inspection may be conducted if the police have a factual basis supporting a reasonable suspicion that the arrestee has evidence concealed inside a body cavity and the search is conducted in a reasonable manner. If the visual inspection reveals the presence of a suspicious object, the police must obtain a warrant authorizing the object&#8217;s removal unless there are exigent circumstances.<\/p><\/blockquote>\n<p>Student search of car was based on information that defendant was dealing drugs at school. He produced his wallet and it was full of money which he said was pay from work. He consented to a search of his car which produced cigarettes which was a violation of school policy. The search was not unreasonable because they were justified at their inception. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/11\/2008\/2008-ohio-1335.pdf\">Mayeux v. Bd. of Educ.<\/a>, 2008 Ohio 1335, 2008 Ohio App. LEXIS 1179 (11th Dist. March 21, 2008).*<\/p>\n<p>Defendant was told he could refuse consent and that helped show it was voluntary. State v. Adams, 2008 S.C. App. LEXIS 56 (March 20, 2008).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1922\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1922","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1922","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1922"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1922\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1922"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1922"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1922"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}