State v. Collins (Lawyers Weekly No. 010-041-16, 2 pp.) (Per Curiam) Appealed from Forsyth County Superior Court (William Wood, J.) On appeal from the Court of Appeals. N.C. S. Ct. Holding: Where, before the trial court, defendant failed to raise ...

Tagged with: Strip Search

State v. Collins (Lawyers Weekly No. 011-045-16, 28 pp.) (Valerie Zachary, J.) (Rick Elmore, J., dissenting) Appealed from Forsyth County Superior Court (William Wood, J.) N.C. App. Holding: A police officer knew that defendant smelled of burnt marijuana, knew defendant ...

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West v. Murphy (Lawyers Weekly No. 14-01-1083, 21 pp.) (Wilkinson, J.) No. 13-2014, Nov. 14, 2014; USDC at Baltimore, Md. (Blake, J.) 4th Cir. Holding: Correctional officers at Baltimore Central Booking & Intake Center who conducted routine strip searches of ...

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Cantley v. W.Va. Regional Jail & Corr. Facility Authority (Lawyers Weekly No. 14-01-1084, 17 pp.) (Wilkinson, J.) No. 13-7655, Nov. 14, 2014; USDC at Huntington, W.Va. (Chambers, J.) 4th Cir. Holding: In this consolidated appeal of civil rights suits by ...

Tagged with: Strip Search

In re T.A.S. Where our Court of Appeals held that the “bra lift” search of a student was unreasonable, that opinion is vacated. We remand to the trial court for additional findings including but not necessarily limited to the names, occupations, genders, and involvement of all the individuals physically present at the “bra lift” search of the student; whether the student was advised before the search of the school’s “no penalty” policy; and whether the “bra lift” search of the student qualified as a “more intrusive” search under the school’s Safe School Plan.

Tagged with: Criminal Practice search & seizure Strip Search

State v. Fowler Where defendant’s private areas were observed by the police officer who was searching him, defendant’s pants were removed, leaving defendant in his underwear, and the officer searched inside defendant’s underwear with his hand, defendant was strip-searched.

Tagged with: Criminal Practice exigent circumstances search & seizure Strip Search

U.S. v. Edwards Although police did not completely pull down defendant’s pants during a search incident to his arrest on a public residential street, but shone a flashlight down his pants and then used a knife to cut a sandwich baggie with suspected narcotics off defendant’s genitals, the search was a strip search that violated defendant’s Fourth Amendment rights, and the 4th Circuit vacates defendant’s drug conviction.

Tagged with: Criminal Practice search & seizure Strip Search Unreasonable

Braun v. Maynard Maryland prison officials who used ion scanning to screen employees and performed vehicle searches and strip searches of those who tested positive for drug residue have qualified immunity from the employees’ suit alleging violation of their Fourth Amendment rights; the 4th Circuit says no clearly established federal law put defendant officers on notice the scan results here could not support a strip search.

Tagged with: Civil Rights Constitutional Fourth Amendment Qualified Immunity Strip Search

In re T.A.S. The principal of an alternative school was informed by students that pills of a type that “would cause kids to be unsafe” were coming into the school. This did not justify searches that required a 13-year-old girl, in front of a member of the opposite sex, to reach under her shirt and lift her bra away from her body. We reverse the trial court’s denial of respondent’s motion to suppress.

Tagged with: Criminal Practice search & seizure Strip Search Unreasonable