{"id":5755,"date":"2011-12-28T11:23:05","date_gmt":"2011-07-08T07:33:51","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-07-08T07:33:51","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=5755","title":{"rendered":"MD: By wearing one’s pants below the buttocks exposing underwear, the officer reaching in underwear in the back to retrieve drugs was not unreasonable"},"content":{"rendered":"

The officer\u2019s pulling defendant\u2019s underwear out to retrieve drugs he felt at the waist was not an unreasonable invasion of privacy. Defendant wore his pants belted below his buttocks, and his underwear was already exposed. Partlow v. State<\/a>, 199 Md. App. 624, 24 A.3d 122 (2011)*:<\/p>\n

Turning to the scope, manner, and location of the search, appellant contends it was unreasonable because it occurred on a public street and exposed a portion of his buttocks to passers by. Appellant’s clothing was not removed from his body, however, and, indeed, his underwear was already exposed to the public by the manner in which he chose to wear his pants.<\/p>\n

Schultz testified, and the suppression court credited his testimony, that he pulled appellant’s underwear up after feeling a hard object under his buttocks, but he was unable to remove the object. He therefore cut away a small piece\u2014less than the size of a baseball\u2014of appellant’s underwear so as to remove the object. Schultz further testified that the search was undertaken on the passenger side of the police cruiser, away from the view of traffic, and that he generally stands behind the person he is searching to conduct the search. It thus appears that the officer made some effort to protect appellant’s privacy.\n<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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