· 10/8/2008
Hartline v. Gallo
Citations
- 546 F.3d 95
- 2008 U.S. App. LEXIS 21056
- 2008 WL 4489846
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that arrest for a misdemeanor drug offense, by itself, does not satisfy the reasonable suspicion requirement
- explaining that the “Fourth Amendment requires an individualized reasonable suspicion that . . . [the] arrestee is concealing weapons or other contraband”
- affirming application of intracorporate conspiracy doctrine in conspiracy claim under 42 U.S.C. § 1985(3)
- finding unconstitutional a strip search of a misdemeanor arrestee at a police station, conducted pursuant to a department policy but without reasonable suspicion, and denying qualified immunity under this Court's clearly established law
- “even if there were a departmental policy of strip searching all arrestees without making any assessment of particularized circumstances, the relevant question is still: Do the circumstances of [the] arrest support a reasonable suspicion that she was secreting contraband on her person?”
- “Officer 12 Gallo did not notice anything about Hartline’s physical appearance that 13 suggested she was secreting drugs on her person, nor did he engage in a less 14 invasive pat down search that suggested the presence of contraband.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Leval, Calabresi, Wesley
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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