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D.S.D.: Plaintiff's claim of unnecessary strip and body cavity search gets to go to a jury

By John Wesley Hall, Jr.

A fact question for trial was shown as to whether plaintiff’s strip search because she was detained because of an open container violation occurred in the car in which she was riding was necessary. She was strip searched before she went to the bathroom, and the male detainees with her weren’t. Moreover, her body cavity search would be unconstitutional if her allegations are believed by a jury. Lucero v. Bush, 2010 U.S. Dist. LEXIS 90921 (D. S.D. September 1, 2010).* The CI’s information corroborated by the officers’ surveillance was sufficient to support issuance of the search warrant. United States v. Powell, 2010 U.S. Dist. LEXIS 91278 (E.D. Mich. September 2, 2010).* Officer’s observation of a gun and drug through the car window was justification for search of the car...continue to full post

Full post as published by Fourth Amendment on September 07, 2010 (boomark / email).