{"id":62660,"date":"2026-01-02T10:22:23","date_gmt":"2026-01-02T15:22:23","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62660"},"modified":"2026-01-02T10:22:23","modified_gmt":"2026-01-02T15:22:23","slug":"w-d-ark-not-clearly-established-that-searching-inside-underwear-on-side-of-road-was-unreasonable-if-no-one-saw-it","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62660","title":{"rendered":"W.D.Ark.: Not clearly established that searching inside underwear on side of road was unreasonable if no one saw it"},"content":{"rendered":"\n<p>No clear line of cases suggests the officer\u2019s searching inside plaintiff\u2019s underwear was unreasonable where it was not seen by anyone else. \u201cPlaintiff&#8217;s right to be free from such a search was not clearly established at that time and Defendant Nutt is nevertheless entitled to qualified immunity with respect to this claim.\u201d Cross v. Nutt, No. 2025 U.S. Dist. LEXIS 268712 (W.D. Ark. Dec. 31, 2025).<\/p>\n\n\n\n<p>The trooper saw defendant concealing an apparent baggie of drugs during a stop, and that resulted in an automobile exception search. Cross v. Nutt, 2025 U.S. Dist. LEXIS 268712 (W.D. Ark. Dec. 31, 2025).*<\/p>\n\n\n\n<p>Being grabbed and thrown to the ground was a seizure. Here, it was with reasonable suspicion. United States v. Perez-Miller, 2025 U.S. Dist. LEXIS 267701 (D.P.R. Dec. 29, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>No clear line of cases suggests the officer\u2019s searching inside plaintiff\u2019s underwear was unreasonable where it was not seen by anyone else. \u201cPlaintiff&#8217;s right to be free from such a search was not clearly established at that time and Defendant &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62660\">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":[36,40,35,69,41],"tags":[],"class_list":["post-62660","post","type-post","status-publish","format-standard","hentry","category-automobile-exception","category-qualified-immunity","category-reasonable-suspicion","category-seizure","category-strip-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62660","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=62660"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62660\/revisions"}],"predecessor-version":[{"id":62661,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62660\/revisions\/62661"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62660"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62660"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62660"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}