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Tag Archives: Strip Search

Criminal Practice – Search & Seizure – Schoolchild – Strip Search – ‘Bra Lift’ – Additional Findings (access required)

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.

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Criminal Practice – Search & Seizure – Strip Search – Public Residential Street – Knife Use — Unreasonable (access required)

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.

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Civil Rights – Constitutional – Fourth Amendment – Qualified Immunity – Strip Search – After Ion Scan  (access required)

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.

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Criminal Practice – Search & Seizure – Schoolchild – Strip Search — ‘Bra Lift’ – Unreasonable (access required)

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.

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