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NC: Strip search incident on street unreasonable

By John Wesley Hall, Jr.

Defendant’s strip search incident on the street was unreasonable, even if it was with probable cause (the probable cause issue held waived). State v. Battle, 2010 N.C. App. LEXIS 296 (February 16, 2010): In Starks v. City of Minneapolis, 6 F.Supp.2d 1084 (D.Minn., 1998), the United States District Court of Minnesota commented on the rarity of this kind of invasive roadside search. As one might expect, there is very little case law considering the use of on-street strip searches. The Court considers the paucity of case law as reflective of the natural assumption that these things simply do not occur. By way of example, the United States Supreme Court, when considering the governmental interest underlying a stationhouse search of an arrestee, stated in Illinois v...continue to full post

Full post as published by Fourth Amendment on February 20, 2010 (boomark / email).