{"id":5000,"date":"2011-02-10T12:55:27","date_gmt":"2010-12-20T06:57:40","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-12-20T06:57:40","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=5000","title":{"rendered":"MD: A Moylan primer on strip search"},"content":{"rendered":"

Defendant\u2019s arrest for drugs on the street was justification for his strip search at the jail. Directing him to take off his pants and then seeing drugs fall out was not unreasonable. This case is a detailed review of the law of strip search. State v. Harding<\/a>, 196 Md. App. 384, 9 A.3d 547 (2010):<\/p>\n

With yet no direct guidance from the Supreme Court, a nation-wide debate (or series of more or less related debates) has been raging over the extent to which the search of an individual for evidence may, in its intensity, go beyond the limits of the traditional search incident to lawful arrest and still be deemed reasonable within the contemplation of the Fourth Amendment. That debate, thus far, has produced far more heat than light. The case law and the academic commentary have been growing so prolifically that they are producing a chaotic sprawl. An effort has to be made to organize this growing mass of material into more manageable and comprehensible sub-units. Part of our goal in this opinion will be that of reducing the doctrinal clutter.<\/p>\n

Our special concern on this appeal will be with the precise justification required to expand a routine search incident into what may be characterized as a “strip search.” The law has been in a quandary about how to understand, and to explain, the relationship between the strip search and the search incident. The heart of the problem is that the strip search grows out of the search incident — but not automatically. In getting a handle on that troubled relationship, the key concepts will be 1) that a search incident does not demand particularization but 2) that a strip search (or anything more invasive) does.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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