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CA10: Once it was obvious the wrong person had been arrested, continuing booking through a strip search violated the Fourth Amendment

By John Wesley Hall, Jr.

It readily became apparent that plaintiff was not the person wanted on the arrest warrant when processing at the jail began and she had no tattos or moles as described in their paperwork. Nonetheless, they processed her, strip searched her, and mocked her when she was standing there naked and began lactating. She satisfied overcoming qualified immunity. Her initial arrest was for having too many of her nine children in the car with her. Archuleta v. Wagner, 2008 U.S. App. LEXIS 9295 (10th Cir. April 29, 2008): Deputy Mandelko also could not have had reasonable suspicion that Ms. Archuleta had a weapon under these circumstances. Reasonable suspicion for a search is a minimum level of objective justification "based on the totality of the circumstances, taking into account an officer's reasonable inferences based on training, experience, and common sense...continue to full post

Full post as published by Fourth Amendment on May 01, 2008 (boomark / email).