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S.D.N.Y.: Strip search in public of arrestee likely unreasonable

By John Wesley Hall, Jr.

Alleged strip search of arrestee in public survives summary judgment because it cannot be reasonable. Moore v. Hearle, 2009 U.S. Dist. LEXIS 50064 (S.D. N.Y. June 11, 2009): Nonetheless, there is a question of material fact as to whether the manner and location of the strip search was reasonable, the remaining two prongs of the Bell test. Taking the facts in the light most favorable to Moore, the non-moving party, this Court cannot find for the Defendant as a matter of law because reasonable jurors could find that the officers acted unreasonably by conducting the search in an overly intrusive manner and in an improper location when they requested Moore to pull down his pants, spread his buttocks, and jump in a public area where observers and pedestrians could see his exposed lower body...continue to full post

Full post as published by Fourth Amendment on June 18, 2009 (boomark / email).