Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

Strip search of SVP in jail appeared pretextual

By John Wesley Hall, Jr.

Strip search of a sexually violent predator in jail based on an extra t-shirt, an extra book, and a piece of paper over the window to block light could be found to be pretextual since there was nothing to be found on the body in relation to the contraband in the cell. This claim survives summary judgment. Cerniglia v. County of Sacramento, 2008 U.S. Dist. LEXIS 32346 (E.D. Cal. April 18, 2008).* Officers had reasonable suspicion defendant based on their collective knowledge. United States v. Allen, 2008 U.S. App. LEXIS 8636 (11th Cir. April 21, 2008) (unpublished).* A knock and talk was attempted at defendant's house because officers were informed of a grow operation. Nobody answered, so they hung out for a while, and when the defendant appeared out a rear door the officers went to meet him they could smell marijuana coming out of the house...continue to full post

Full post as published by Fourth Amendment on April 23, 2008 (boomark / email).