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CA9: SF pre-1/21/04 strip search policy was unconstitutional

By John Wesley Hall, Jr.

San Francisco jail's pre-January 21, 2004 strip search policy where strip searches occurred without reasonable suspicion violated the Fourth Amendment. Bull v. City & County of San Francisco, 2008 U.S. App. LEXIS 18026 (9th Cir. August 22, 2008) ("We turn first to the question of whether a policy of strip searching arrestees solely because they are classified for housing in the general population, in the absence of any reasonable suspicion, violates the arrestees' constitutional rights. Following a long history of precedent, we conclude that it clearly does."). District court erred in not making a determination of whether a prior illegal entry tainted the defendant's consent. United States v. Myers, 2008 U.S. App. LEXIS 18061 (11th Cir...continue to full post

Full post as published by Fourth Amendment on August 24, 2008 (boomark / email).