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CA11: Atlanta Jail strip search case en banc; reasonable suspicion not always required before going into gen pop

By John Wesley Hall, Jr.

Fulton County Jail strip search case en banc: Powell v. Barrett, 2008 U.S. App. LEXIS 18907 (11th Cir. September 4, 2008) (en banc), panel opinion Powell v. Barrett, 496 F.3d 1288 (11th Cir. 2007). Analyzing Bell v. Wolfish in detail, the court concludes that reasonable suspicion is not always required before putting arrestees into general population. Smelling and seeing marijuana during a traffic stop was probable cause, so the consent issue was moot. United States v. Mosby, 2008 U.S. App. LEXIS 18913 (7th Cir. September 4, 2008).* Defendant's actions in loitering in an apartment complex known for open drug deals was suspicious. Add to it his standing around [isn't that loitering] and looking for others and refusing to remove his hands from in his pockets when confronted is reasonable suspicion...continue to full post

Full post as published by Fourth Amendment on September 06, 2008 (boomark / email).