Massachusetts state police strip search

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Where police officers had reasonable objective suspicion that the defendant had committed a crime, the officers' stop of the defendant's vehicle to conduct a threshold inquiry was lawful. Police officers, who lawfully arrested a defendant for operating a motor vehicle with a suspended driver's license, properly conducted a warrantless search of the defendant's person and seized controlled substances, cash, and a beeper, where the police had independent probable cause in the circumstances to arrest and search the defendant for possession of controlled substances. Originally arrested for a suspended driver's license after his car was stopped in the course of a drug investigation, the defendant was later charged and convicted of possession with the intent to distribute a Class B substance.

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Last month, a Massachusetts appellate court issued an opinion in a Massachusetts drug case describing the circumstances under which a strip search is appropriate. During their surveillance, the officers noticed the defendant, who was standing on the sidewalk outside an apartment complex. Over the course of 20 minutes, the defendant went in and out of the house several times.

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In a ruling this week, Springfield District Court Judge Mark Pasquariello found that an officer violated the rights of Asante Kamau, 35, of Springfield, by pulling a rock of crack cocaine from his underwear on April 13, Police had a right to stop Kamau on Andrew Street and conduct a general search, but should have taken him to a more secluded area before reaching into his pants and removing the cocaine in his underwear, the judge wrote. While the search was conducted between two buildings "to partially screen the defendant from public view," it took place in daylight "in an urban residential area, with light pedestrian traffic

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Strip Searches. An assistant principal's decision to strip search a year-old 7th grade student may have been reasonable at its inception because there were reasonable grounds to suspect that the search would have turned up evidence that the student was violating marijuana drug laws. But he was not entitled to qualified immunity for the manner in which he carried out the search.

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A body-cam video that shows a New Jersey state trooper conducting a roadside strip search has sparked controversy and raised questions about how far law enforcement officers are permitted to go during a traffic stop. Trooper Joseph Drew had pulled a car over for tailgating and said he smelled marijuana. When a search of the car turned up nothing, he handcuffed the driver and told him to step out of the vehicle.

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Our firm has two goals in mind whenever we bring a civil rights lawsuit. We work to get our clients compensated for injuries caused by police officers or other government officials. We also try to use our lawsuits as a tool to bring about positive changes in how police departments and other agencies operate.

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Jump to navigation. Boris Johnson has named his first full cabinetand his appointments will have had one set Two young water protectors are trailed by law enforcement.

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This court concluded that a plaintiff motorist had not demonstrated that the defendant, the superintendent of the State police, violated her federally protected rights under 42 U. After review by the Appeals Court, the Supreme Judicial Court granted leave to obtain further appellate review. James E. Riley, Jr.

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The United States Supreme Court will decide in its upcoming term the issue of whether or not a person entering a jail has a right to be free from strip search absent additional facts or individualized reasonable suspicion justifying the search. The Supreme Court has already held that the Fourth Amendment right to be free from unreasonable searches applies to strip searches and it held that there must be a greater justification from officials for strip searches than less intrusive searches. In Safford v.

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However, the Court also has recognized there are some situations in which it is proper for the police to order a suspect to remove an article of clothing and, in limited circumstances, it is sometimes even appropriate for the police to conduct manual body cavity searches. The first issue in these cases is determining the type of search that occurred. In most cases involving a strip search or a body cavity search, the defendant will argue the search was unconstitutional. Many judges view these types of searches with great skepticism.

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