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Tag Archives: Strip Search

Civil Rights – Constitutional – Search & Seizure – Traffic Stop – Strip Search – Tort/Negligence (access required)

Lemon v. Sheriff of Sumter County Plaintiff has failed to show that defendants transgressed a “bright line” constitutional right when they relied on a confidential informant’s tip and stopped plaintiff’s car. However, the parties dispute whether the defendant-deputies conducted a public strip search of plaintiff.

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Criminal Practice – Search & Seizure – Strip Search – Public Residential Street – Knife Use — Unreasonable (access required)

U.S. v. Edwards Although police did not completely pull down defendant’s pants during a search incident to his arrest on a public residential street, but shone a flashlight down his pants and then used a knife to cut a sandwich baggie with suspected narcotics off defendant’s genitals, the search was a strip search that violated defendant’s Fourth Amendment rights, and the 4th Circuit vacates defendant’s drug conviction. Defendant entered a conditional guilty plea to a charge of possession with intent to distribute cocaine base, in violation of 21 U.S.C. § 841.

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Civil Rights – Constitutional – Fourth Amendment – Qualified Immunity – Strip Search – After Ion Scan   (access required)

Braun v. Maynard Maryland prison officials who used ion scanning to screen employees and performed vehicle searches and strip searches of those who tested positive for drug residue have qualified immunity from the employees’ suit alleging violation of their Fourth Amendment rights; the 4th Circuit says no clearly established federal law put defendant officers on notice the scan results here could not support a strip search.

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