{"id":37867,"date":"2019-05-28T00:05:30","date_gmt":"2019-05-28T05:05:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=37867"},"modified":"2019-05-26T10:03:10","modified_gmt":"2019-05-26T15:03:10","slug":"ma-bag-of-dope-protuding-from-butt-crack-was-seized-in-a-strip-search-not-a-body-cavity-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=37867","title":{"rendered":"MA: Bag of dope protuding from butt crack was seized in a strip search, not a body cavity search"},"content":{"rendered":"<p>\u201cDuring 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.\u201d This was a strip search and not a body cavity search. <a href=\"https:\/\/www.mass.gov\/files\/documents\/2019\/05\/24\/12630_0.pdf\">Commonwealth v. Jeannis<\/a>, 2019 Mass. LEXIS 297 (May 24, 2019).<\/p>\n<p>Defendant\u2019s counsel didn\u2019t 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\u2019s 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\u2019t find it because of defendant\u2019s standing. Defendant\u2019s attempt to pursue it as an ineffective assistance of counsel claim is postponed to his 2255. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/18\/18-30307.0.pdf\">United States v. Williams<\/a>, 2019 U.S. App. LEXIS 15534 (5th Cir. May 24, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cDuring 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 &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=37867\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[71,104,41],"tags":[],"class_list":["post-37867","post","type-post","status-publish","format-standard","hentry","category-body-searches","category-burden-of-pleading","category-strip-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37867","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=37867"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37867\/revisions"}],"predecessor-version":[{"id":37868,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/37867\/revisions\/37868"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=37867"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=37867"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=37867"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}