Category Archives: Strip search

W.D.Mo.: ER’s security staff conducts private searches of GSW victims

Defendant showed at a hospital ER with a gunshot wound. Hospital policy was for its security staff to search GSW patients’ clothing for staff safety. This was a private search, and it produced ammunition from a convicted felon. United States … Continue reading

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WaPo (AP): DA seeks federal investigation of strip searches in NYC suburb

WaPo (AP): DA seeks federal investigation of strip searches in NYC suburb (“A New York district attorney has asked federal authorities to investigate illegal strip searches and other civil rights violations involving the Mount Vernon Police Department.”)

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CA5: Claim stated for excessive force for allowing dog to bite subdued arrestee

Plaintiff stated a claim for a dog bite after he was subdued, and there would be no qualified immunity. Hinson v. Martin, 2021 U.S. App. LEXIS 12775 (5th Cir. Apr. 29, 2021).* There was arguable probable cause for plaintiff’s arrest … Continue reading

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E.D.Cal.: Ptf inmate’s unreasonable prison strip search case survives screening

Plaintiff, an inmate at Corcoran, stated enough to survive screening for his prison strip search case. Jacobs v. CDCR, 2021 U.S. Dist. LEXIS 66813 (E.D. Cal. Apr. 6, 2021):

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M.D.Ala.: Some force inheres in any arrest; de minimus force is reasonable

Some amount of force occurs in any arrest. The question is unreasonableness. “Garrett’s conclusory allegation regarding Williams’s specific actions establishes no more than the use of de minimis force by Williams, which does not constitute a Fourth Amendment violation.” Garrett … Continue reading

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C.D.Ill.: Prison strip searches are always permitted, unless done unreasonably

Inmates seen naked in prison is not a constitutional claim unless it was all done in an unreasonable manner. The limited facts here fail to show that. Danuk v. Downey, 2021 U.S. Dist. LEXIS 45383 (C.D. Ill. Mar. 11, 2021):

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D.Conn.: Stripped down and strapped to bed in prison states 4A claim

In PLRA screening over a jail strip search and leaving plaintiff naked strapped down to his bed, “[t]he Court cannot discern a legitimate justification for leaving Smith in four-point restraints without a gown or a blanket to cover his naked … Continue reading

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E.D.N.Y.: Def gets access to SW materials, but govt can redact informant’s info

The target of a search warrant long ago served is entitled to unsealing the affidavit, but the government can redact the affiant’s name and identifying information. United States v. Storage Room Numbers, 2021 U.S. Dist. LEXIS 35977 (E.D. N.Y. Feb. … Continue reading

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TX3: Even if revenge porn statute was unconstitutional, that doesn’t nullify a SW issued for it

Defendant was indicted for a revenge porn threat. A search warrant was obtained for his phone to prove he had the picture in the threat. He argued the search warrant was void because the revenge porn statute was unconstitutional. Whether … Continue reading

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E.D.N.C.: PC was shown, but not nexus, and GFE does not apply

The affidavit showed probable cause, but it completely failed to show nexus to defendant’s place. It was so deficient in the showing of nexus that the good faith exception cannot apply. United States v. King, 2021 U.S. Dist. LEXIS 18956 … Continue reading

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TX11: No spousal privilege in recorded jail calls

Defendant’s jail calls to his wife were not privileged because he knew from the recording at the start of the call that it was being recorded. Newman v. State, 2021 Tex. App. LEXIS 293 (Tex. App. – Eastland Jan. 14, … Continue reading

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D.Del.: Videotaping an otherwise valid prison strip search isn’t a per se 4A violation

“Plaintiff does not allege that the search itself violated his rights but, rather, it is the recording of the search that he finds objectionable.” “[U]sing a camera to record a strip search in a prison does not, by itself, amount … Continue reading

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IN: Officers had sufficient suspicion of contraband on the person for a booking strip search

Officers had the requisite degree of suspicion for a strip search at the jail for a misdemeanor. He had suspicions there was something amiss with defendant’s unusual small talk, but, coupled with the facts, added up. Reagan v. State, 2020 … Continue reading

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CA9: Prison visitor should be allowed to avoid a strip search based on RS by being permitted to leave

A prison visitor has the right to leave a prison to avoid a strip search based on reasonable suspicion as a condition of entry. Qualified immunity, however, is granted because the right was not well established before this case. Cates … Continue reading

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MT: Jail entry strip searches without RS of even traffic warrant arrestees were reasonable

Strip searches of inmates coming into the county jail without reasonable suspicion the detainee had contraband or weapons were valid under Florence and under the state constitution. “Plaintiffs have not demonstrated the strip searches at issue are not reasonably related … Continue reading

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N.D.N.Y.: Removal of shoes not a strip search

School administrator’s direction to a student to remove shoes was not a strip search. I.S. v. Binghamton City Sch. Dist., 2020 U.S. Dist. LEXIS 167370 (N.D. N.Y. Sept. 14, 2020). 2254 petitioner litigated and lost his illegal arrest claim in … Continue reading

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ProPublica: Over a Dozen Black and Latino Men Accused a Cop of Humiliating, Invasive Strip Searches. The NYPD Kept Promoting Him.

ProPublica: Over a Dozen Black and Latino Men Accused a Cop of Humiliating, Invasive Strip Searches. The NYPD Kept Promoting Him. by Joaquin Sapien, Topher Sanders & Nate Schweber (“The men said Assistant Chief Christopher McCormack touched them inappropriately during … Continue reading

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D.D.C.: Strip search class rejected for no limit to lack of RS

Plaintiff’s proposed arrestee strip search class definition is denied for not limiting it to those strip searched without reasonable suspicion. Lewis v. District of Columbia, 2020 U.S. Dist. LEXIS 160706 (D. D.C. Sept. 3, 2020):

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pjmedia: Judge Denies Qualified Immunity for Kentucky Child Welfare Workers Who Illegally Strip-Searched Children

pjmedia: Judge Denies Qualified Immunity for Kentucky Child Welfare Workers Who Illegally Strip-Searched Children by Megan Fox:

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M.D.Pa.: Strip search at DTF office was reasonable on PC def hid drugs in underwear and anal cavity

Officers had probable cause defendant had drugs hidden in his underwear or anal cavity. When he was taken to the DTF office, a strip search there was reasonable when there were no drugs otherwise in his possession. United States v. … Continue reading

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