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Strip search of wrong man with same name as wanted person stated claim

By John Wesley Hall, Jr.

Strip search on arrest of the wrong man with the same name as the man named in a warrant stated a claim for relief because there were enough discrepancies between the identifiers and the person they had before them to put them on notice it was not the same man. Caceres v. Port Auth. of N.Y. & N.J., 2008 U.S. Dist. LEXIS 72507 (S.D. N.Y. September 23, 2008).* Claim of arrest before probable cause existed stated a claim. Cruz v. City of Philadelphia, 2008 U.S. Dist. LEXIS 72581 (E.D. Pa. September 23, 2008).* When a search incident is proper, it can also be considered a plain view because the officer has a right to be where he or she was. United States v. Small, 2008 U.S. Dist. LEXIS 71846 (D. Me. September 19, 2008).*

Full post as published by Fourth Amendment on September 26, 2008 (boomark / email).