We’ve always wondered:
Where the police have reason to believe that a suspect is concealing cocaine between his buttocks cheeks, is it reasonable under the Fourth Amendment for the police, at the scene of the arrest, to reach into the suspect’s undershorts and seize the cocaine as a search incident to the suspect’s arrest?
While this might sound like a late-night joke between first-year law students, it’s actually a question the U.S. Supreme Court is set to consider.
Via DC Metblogs and SCOTUSBlog, we find out that on November 30 the Supreme Court will decide whether or not to accept a case involving a Maryland man and his well-concealed stash. If they do, they’ll have to decide whether the man’s butt qualifies for Fourth Amendment protections against search and seizure. The Court of Appeals of Maryland seems to think so.
There’s something hilarious about an institution as staid as the Supreme Court awkwardly sitting around trying to hash this one out.
Martin Austermuhle