{"id":61828,"date":"2025-09-03T08:43:04","date_gmt":"2025-09-03T13:43:04","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61828"},"modified":"2025-09-03T08:43:04","modified_gmt":"2025-09-03T13:43:04","slug":"e-d-cal-excessive-prison-strip-search-sufficiently-alleged","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61828","title":{"rendered":"E.D.Cal.: Excessive prison strip search sufficiently alleged"},"content":{"rendered":"\n<p>Prison strip search: \u201cHere, liberally construed, it appears plaintiff may be able to state a Fourth Amendment claim against the defendants who stripped plaintiff naked where it is alleged that plaintiff was brought to the ASU from the program office in full restraints and the guards did not search the clothing stripped off of plaintiff; and where there was no allegation that plaintiff was hiding a weapon or was suicidal.\u201d Kendall v. Brazil, 2025 U.S. Dist. LEXIS 170583 (E.D. Cal. Sep. 2, 2025).*<\/p>\n\n\n\n<p>The allegation that drug traffickers regularly use cell phones to communicate about the dealings is sufficient to show probable cause. United States v. Gonsalez, 2025 U.S. Dist. LEXIS 167706 (D.N.M. Aug. 28, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s claim about his cell phone search wasn\u2019t specific below, but getting to the merits anyway, the court decides the interaction was extended by consent. United States v. Weiss, 2025 U.S. App. LEXIS 22195 (7th Cir. Aug. 28, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Prison strip search: \u201cHere, liberally construed, it appears plaintiff may be able to state a Fourth Amendment claim against the defendants who stripped plaintiff naked where it is alleged that plaintiff was brought to the ASU from the program office &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=61828\">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":[5,24,113,20,41],"tags":[],"class_list":["post-61828","post","type-post","status-publish","format-standard","hentry","category-cell-phones","category-consent","category-prison-and-jail-searches","category-probable-cause","category-strip-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61828","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=61828"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61828\/revisions"}],"predecessor-version":[{"id":61829,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61828\/revisions\/61829"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61828"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61828"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61828"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}