What is the test for strip searches under the Fourth Amendment?
California, United States of America
The following excerpt is from People v. Carter, A121033 (Cal. App. 6/26/2009), A121033. (Cal. App. 2009):
The Fourth Amendment prohibits unreasonable searches and seizures, including those conducted pursuant to a lawful arrest. (People v. Scott (1978) 21 Cal.3d 284.) Scott recognized that a degree of intrusiveness inherent in strip searches sets them apart for purposes of Fourth Amendment analysis. "A warrantless invasion of the body must be incident to a valid arrest [citation] and may occur only under a limited range of exigent circumstances," which include medical emergencies and the necessity of preventing the destruction of evidence. (People v. Scott, at pp. 291-292.)
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