{"id":57834,"date":"2024-05-08T07:30:07","date_gmt":"2024-05-08T12:30:07","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=57834"},"modified":"2024-05-08T07:33:46","modified_gmt":"2024-05-08T12:33:46","slug":"ny3-warrantless-arrest-body-cavity-search-was-unreasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=57834","title":{"rendered":"NY3: Warrantless arrest body cavity search was unreasonable"},"content":{"rendered":"\n<p>Defendant\u2019s arrest body cavity search pulling out heroin was unreasonable. <a href=\"https:\/\/www.nycourts.gov\/reporter\/3dseries\/2024\/2024_01837.htm\">People v. Chase<\/a>, 2024 NY Slip Op 01837, 2024 N.Y. App. Div. LEXIS 1877 (3d Dist. Apr. 4, 2024). [Sentencing was five years ago, and that should be an embarrassment to NY courts.]<\/p>\n\n\n\n<p>Plaintiff is a U.S. Citizen living in Japan. When his Japanese bank account exceeded $10,000 he was required to file an IRS Form 114. He sued the Secretary of Treasury that it was an invasion of privacy. The district court denied the claim based on California Bankers Assn. While the case was pending he filed the form. The district court had no jurisdiction at that point. Mano v. Yellen, 2024 U.S. App. LEXIS 10952 (7th Cir. May 6, 2024).*<\/p>\n\n\n\n<p>Defendant\u2019s detention was without reasonable suspicion, so his obstruction was not a crime. State v. Mrozowski, 2024 Ga. App. LEXIS 175 (May 6, 2024).*<\/p>\n\n\n\n<p>Tracking money from a bank robbery was probable cause for defendant\u2019s stop and arrest. United States v. Whitmore, 2024 U.S. Dist. LEXIS 82202 (N.D. Ill. May 1, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s arrest body cavity search pulling out heroin was unreasonable. People v. Chase, 2024 NY Slip Op 01837, 2024 N.Y. App. Div. LEXIS 1877 (3d Dist. Apr. 4, 2024). [Sentencing was five years ago, and that should be an embarrassment &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=57834\">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":[50,71,17,35],"tags":[],"class_list":["post-57834","post","type-post","status-publish","format-standard","hentry","category-arrest-or-entry-on-arrest","category-body-searches","category-gps-tracking-data","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57834","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=57834"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57834\/revisions"}],"predecessor-version":[{"id":57836,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/57834\/revisions\/57836"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=57834"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=57834"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=57834"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}