Prison strip search was not unconstitutional. \u201cShepard has failed to allege facts to support that the November 2022 search was unreasonable. She acknowledges that such searches are routinely conducted before an inmate leaves the correctional institution for outside medical appointments. Searches under such circumstances do not violate the Fourth Amendment. \u2026 And Shepard’s allegations demonstrate only that Dreischalik was giving her instructions during the search as part of her inspection. Although Dreischalik’s alleged language may have been coarse, her comments were not so derogatory, unprofessional, or vulgar as to raise constitutional issues.\u201d Shepard v. Overmeyer, 2024 U.S. Dist. LEXIS 201399 (W.D. Pa. Nov. 5, 2024).*<\/p>\n\n\n\n
The stop was with reasonable suspicion of a traffic offense, and the officer smelled marijuana coming from the car right away. He could shine his flashlight inside, enabling a plain view, and a patdown of the passenger produced marijuana by plain feel. United States v. Graham, 2024 U.S. Dist. LEXIS 200755 (W.D. Pa. Nov. 5, 2024).*<\/p>\n\n\n\n
Defense counsel wasn\u2019t ineffective at trial for not calling defense counsel who litigated the motion to suppress for not calling a witness when review is limited to the four corners of the affidavit. United States v. Walker, 2024 U.S. Dist. LEXIS 201164 (E.D. Tenn. Nov. 5, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Prison strip search was not unconstitutional. \u201cShepard has failed to allege facts to support that the November 2022 search was unreasonable. She acknowledges that such searches are routinely conducted before an inmate leaves the correctional institution for outside medical appointments. … Continue reading