Filed Date: March 4, 1980
Closed Date: Feb. 22, 1982
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A woman who was strip searched after refusing to take a breathalyzer test after an arrest for a DWI brought this action in the Eastern District of Virginia against Arlington County and various judicial, prosecutorial, and law enforcement officers to challenge the County’s blanket strip search policy for all arrestees. The plaintiff, represented by private counsel, alleged violations of the Fourth Amendment right to be free from unreasonable search and the Fifth Amendment right to counsel based on a claim that she was not allowed to consult an attorney. She sought declaratory and injunctive relief. The case was assigned to Senior Judge Oren R. Lewis.
The district court granted directed verdicts and summary judgments against the plaintiff on September 30, 1980. Judge Oren held that the plaintiff’s right to counsel was not violated because she was allowed to call a lawyer after being formally charged and did not have a right to counsel prior to being strip searched. Further, the court held that the plaintiff failed to meet her burden to show that the County had exaggerated its response to genuine security consideration by activity the strip search practice. 500 F.Supp. 502.
The plaintiff appealed and the U.S. Court of Appeals for the Fourth Circuit affirmed in part and reversed and remanded in part on October 7, 1981. The court held that the plaintiff’s right to counsel had not been violated, but that the blanket strip search policy was unconstitutional and that, at a minimum, officers must have reasonable suspicion to believe a person is concealing contraband to warrant a strip search. 660 F.2d 1007.
The defendants appealed to the U.S. Supreme Court and requested a stay of the mandate of the Fourth Circuit. The request was denied by the Chief Justice but granted in a reapplication addressed to Justice Rehnquist. On December 9, 1981 Justice Rehnquist issued a temporary stay pending consideration of the application for stay by the full court and wrote that strip search policies need not be conditioned on probable cause. 102 S.Ct. 284. Rehnquist’s opinion did not persuade the rest of the court. The full court denied the application for the stay on December 11, 1981 and denied a petition for writ of certiorari on February 22, 1982. This case is closed.
Summary Authors
Robin Peterson (5/2/2023)
Haynsworth, Clement Furman Jr. (South Carolina)
Ahern, Albert J. (Virginia)
Dolan, William D. III (Virginia)
Guidoboni, Thomas A. (Virginia)
Emrich, Jerry K. (Virginia)
Last updated April 3, 2024, 3:04 a.m.
Docket sheet not available via the Clearinghouse.State / Territory: Virginia
Case Type(s):
Special Collection(s):
Key Dates
Filing Date: March 4, 1980
Closing Date: Feb. 22, 1982
Case Ongoing: No
Plaintiffs
Plaintiff Description:
Plaintiff was arrested for driving while intoxicated, and she refused to take a breathalyzer test. She was later strip-searched at the Alrington County sheriff's office and allegedly not allowed to speak with an attorney.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: No
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Arlington County (Arlington), County
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Constitutional Clause(s):
Unreasonable search and seizure
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Source of Relief:
Issues
General/Misc.:
Access to lawyers or judicial system
Policing: