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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.