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"We conclude it was not clearly established in 2002 that the strip search of a person being introduced into a detention facility violated the Fourth Amendment."

"We conclude it was not clearly established in 2002 that the strip search of a person being introduced into a detention facility violated the Fourth Amendment." So holds the majority on a divided three-judge panel of the U.S. Court of Appeals for the D.C. Circuit in a decision issued today.

Circuit Judge Judith W. Rogers dissented, writing that "this is the first time a circuit court of appeals has suggested that the protections of the Fourth Amendment to the Constitution against unreasonable searches do not extend to an individual arrested for a non-violent minor offense who is awaiting arraignment apart from the general population of detainees, and is subjected to a strip search in the absence of reasonable suspicion he is hiding contraband or weapons."

Full post as published by How Appealing on March 25, 2011 (boomark / email).