Loeber v. County Of Albany.
U.S. District CourtSEARCHES
Loeber v. County Of Albany, 216 F.Supp.2d 20 (N.D.N.Y. 2002). An arrestee who was strip searched several times after being arrested brought an action under [section] 1983, alleging numerous constitutional violations and state law claims. The arrestee had been arrested pursuant to a contempt order that was later expunged. The district court held that the county jail's strip search policy was constitutional. The policy only called for strip searches upon admission to the jail where there was a reasonable suspicion that the arrestee possessed contraband, including the cigarettes and candy that the arrestee had in his possession. The court noted that the Fourth Amendment prohibits a blanket policy under which all misdemeanor or minor offense arrestees are strip searched when admitted to a jail. The court found that a strip search could also be conducted based on the crime charged, the particular characteristics of an arrestee, and/or the circumstances of the arrest. The arrestee had been strip searched when he was admitted to a courthouse holding cell, again when he was admitted to the county jail, and once again when he was taken to a Special Housing Unit for possessing cigarettes and candy, which were considered to be contraband. (Albany County Penitentiary, New York)
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| Title Annotation: | administrative segregation |
|---|---|
| Publication: | Corrections Caselaw Quarterly |
| Article Type: | Brief Article |
| Geographic Code: | 1U2NY |
| Date: | Feb 1, 2003 |
| Words: | 215 |
| Previous Article: | Gayle v. Gonyea. |
| Next Article: | Ortiz v. Voinovich. |
| Topics: | |