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NY: Visual body inspection permissible on probable cause in a drug case

By John Wesley Hall, Jr.

Visual body inspection permissible on probable cause in a drug case, but a warrant is required for a body cavity search. People v. Hall, 2008 NY Slip Op 2676, 2008 N.Y. LEXIS 684 (March 25, 2008): In this case, we must consider whether it is constitutionally permissible for police to subject a person arrested for a drug sale to a visual body inspection followed by a body cavity search without first obtaining a warrant. We conclude that a visual body inspection may be conducted if the police have a factual basis supporting a reasonable suspicion that the arrestee has evidence concealed inside a body cavity and the search is conducted in a reasonable manner. If the visual inspection reveals the presence of a suspicious object, the police must obtain a warrant authorizing the object's removal unless there are exigent circumstances...continue to full post

Full post as published by Fourth Amendment on March 28, 2008 (boomark / email).