What is the current state of the law on strip searches for defendants who are not on bail?

California, United States of America


The following excerpt is from People v. Garcia, 2d Crim. No. B276792 (Cal. App. 2017):

"Courts have consistently recognized a distinction between detainees awaiting bail and those entering the jail population when evaluating the necessity of a strip search under constitutional standards." (Cottrell v. Kaysville City, Utah (10th Cir. 1993) 994 F.2d 730, 735.) "[T]he security concerns inherent in a bail situation are very different from those present when the detainee will enter the jail for a greater length of time." (Ibid.)

Other Questions


What is the current state of the law on the forfeiture of a defendant's bail? (California, United States of America)
If an officer had probable cause to arrest a defendant, would the search of that defendant have been a search incident to a lawful arrest? (California, United States of America)
Can a search warrant be used to search for marijuana and heroin in the bedroom of a defendant who had not consented to a search after his arrest? (California, United States of America)
What is the current state of the law on police search and detention of the occupants of a home during a search and arrest? (California, United States of America)
What is the current state of the federal and state constitutions governing the trial of a criminal defendant who is mentally incompetent? (California, United States of America)
What is the current state of the law on consent to search in a search warrant case? (California, United States of America)
What is the current state or federal or state law on warrantless vehicle searches for identification? (California, United States of America)
Can a search warrant be used to search a shirt belonging to a defendant who had been running at the time of the search? (California, United States of America)
Can a search warrant be used to search defendant's home after he consented to the search? (California, United States of America)
When a warrant was issued for a search of a mobile home by a police officer looking for evidence of illegal possession of a firearm, what is the current state of the law on the right of search warrant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.