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Cal.1st: Search in underwear of parolee stopped outside motel was reasonable

By John Wesley Hall, Jr.

Defendant parolee was stopped in a high crime area trying to enter a motel room through a window at night. The officers searched inside his underwear finding drugs. The underwear search of a parolee was not a strip search, and it was reasonable. People v. Smith, 2009 Cal. App. LEXIS 536 (1st Dist. April 9, 2009). Defendant's questioning about a gun, albeit understandable, was factually different from Quarles because he had been in custody, so his statement is suppressed. United States v. Zamora, 2009 U.S. Dist. LEXIS 31379 (W.D. La. April 9, 2009). Approaching a person in a auto theft investigation and asking his name was not unreasonable. This was not a planned investigation targeting her. After that, it was legitimate to run warrants on her, and a warrant found justified her detention...continue to full post

Full post as published by Fourth Amendment on April 18, 2009 (boomark / email).