{"id":65072,"date":"2026-10-22T17:51:56","date_gmt":"2026-10-22T22:51:56","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=65072"},"modified":"2026-10-22T17:51:56","modified_gmt":"2026-10-22T22:51:56","slug":"va-search-incident-between-defs-shorts-and-underwear-was-reasonable","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=65072","title":{"rendered":"VA: Search incident between def&#8217;s shorts and underwear was reasonable"},"content":{"rendered":"\n<p>Search incident inside defendant\u2019s shorts was reasonable where it didn\u2019t become a strip search or exposed his genitals. <a href=\"https:\/\/www.vacourts.gov\/static\/opinions\/opncavwp\/1124254.pdf\">Smith v. Commonwealth<\/a>, 2026 Va. App. LEXIS 550 (Oct. 20, 2026) (unpublished).<\/p>\n\n\n\n<p>Plaintiff was taken to a mental health unit based on a petition and court order, so the officer was justified. French v. Cmty. Mental Health of Clinton, 2026 U.S. Dist. LEXIS 239921 (W.D. Mich. Oct. 20, 2026).*<\/p>\n\n\n\n<p>The minor errors in the search warrant application don\u2019t add up to material omissions affecting probable cause. United States v. Williams, 2026 U.S. Dist. LEXIS 240111 (E.D. Va. Oct. 20, 2026).*<\/p>\n\n\n\n<p>The protective sweep was in conjunction with an arrest warrant, and it was reasonable. They saw smashed cell phones and other attempts to destroy evidence. United States v. Cadet, 2026 U.S. Dist. LEXIS 240523 (S.D. Tex. Oct. 21, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Search incident inside defendant\u2019s shorts was reasonable where it didn\u2019t become a strip search or exposed his genitals. Smith v. Commonwealth, 2026 Va. App. LEXIS 550 (Oct. 20, 2026) (unpublished). Plaintiff was taken to a mental health unit based on &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=65072\">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":[21,22,63,26],"tags":[],"class_list":["post-65072","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-protective-sweep","category-reasonableness","category-search-incident"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65072","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=65072"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65072\/revisions"}],"predecessor-version":[{"id":65073,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/65072\/revisions\/65073"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=65072"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=65072"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=65072"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}