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Criminal Law

: Fourth Amendment

E.D.N.Y.: Jail strip search in presence of other inmates not unreasonable per se

By John Wesley Hall, Jr.

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Plaintiff’s jail strip search in the presence of other inmates was not unreasonable, citing five cases. Miller v. Bailey, 2007 U.S. Dist. LEXIS 99245 (E.D. N.Y. December 20, 2007).* Defendant was found to have consented to a search of his hotel room, not just a weapon as he complained. United States v. Anderson, 2010 U.S. Dist. LEXIS 35650 (D. Minn. March 26, 2010),* R&R adopted, United States v. Anderson, 2010 U.S. Dist. LEXIS 35823 (D. Minn. April 12, 2010).* Defendant’s Franks challenge fails. Considering the interview, it seems apparent that the right person was identified as the offender, and the search warrant is sustained. United States v. Jones, 2010 U.S. Dist. LEXIS 35622 (W.D. Mo. March 22, 2010).* Defendant was stopped for having a taillight out, something observable from the video of the stop...continue to full post

Full post as published by Fourth Amendment on April 15, 2010 (boomark / email).

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