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Fourth Circuit reverses for on-the-street peek and entry into arrestee’s underwear

Dec 29, 2011 Fourth Circuit reverses for on-the-street peek and entry into arrestee’s underwear

Bill of Rights (from the public domain)

Praised be the two-judge majority that today reversed a drug conviction, finding that the police on-the-street peek into an arrestee’s underwear — and subsequent cutting off the string attaching a bag of cocaine to his penis — amounted to a strip search that was unreasonable for not having been conducted in a private place. U.S. v. Edwards, ___ F.3d ___ (4th Cir., Dec. 29, 2011).

Curiously, the prosecution did not argue inevitable discovery. I will not be surprised if this case gets en banc review.  

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