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Criminal Law

: Fourth Amendment

D.D.C.: Strip search of an arrested protester was unreasonable

By John Wesley Hall, Jr.

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Strip search of detainees arrested and strip searched for protesting at an IMF meeting in DC stated a claim because the law was well settled because nearly all circuits have held strip searches without cause are unreasonable, and pointing to one case that might "muddy the water" was insufficient to show the law was well settled at the time of the strip search. Bame v. Dillard, 2009 U.S. Dist. LEXIS 75375 (D. D.C. August 25, 2009): Until 2008 [sic?], every federal circuit court to have faced the issue (ten out of twelve) ruled that, under Bell, suspicionless strip searches of pre-trial arrestees charged with non-violent, non-drug crimes was unreasonable and thus unconstitutional. See Wilson v. Jones, 351 F.3d 1340, 1343 (11th Cir. 2001); Swain v...continue to full post

Full post as published by Fourth Amendment on August 27, 2009 (boomark / email).

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