1. More than 13 million people are admitted to American jails each year. Albert Florence was mistakenly arrested and subjected to two strip searches involving showering with a delousing agent, officers checking for gang tattoos and scars, lifting his genitals, officers looking in his body openings, and more. Does the Constitution allow authorities to strip search those admitted to jail for minor violations? Explain.
2. Police stopped and arrested McFadden for riding a bicycle on a sidewalk in violation of New York City code. A search incident to the stop revealed a firearm. McFadden was later convicted of the crime of being in possession of a firearm as a previously convicted felon. McFadden appealed, claiming the search was unconstitutional. Was he correct? Explain.
3. a. Can the police lawfully search an individual’s garbage once it has been placed at the curb for disposal? A Connecticut resident, Paul DeFusco, was convicted of drug trafficking based on evidence found in his home. The police conducted the home search with a warrant secured on the basis of an informant’s information as well as evidence (some short cut straws, glassine baggies, and prescription bottles) turned up in sifting through DeFusco’s garbage.
b. Explain the central issue in this case.
4. Tucson, Arizona, police, cruising in an area associated with the Crips street gang, stopped a car because its insurance coverage had been suspended. Johnson, a backseat passenger, was wearing the blue colors associated with the Crips and Officer Trevizo saw that Johnson had a police scanner in his pocket. Trevizo questioned Johnson learning that he was from a town frequented by the Crips gang, that he had recently been in prison and that he had no identification with him. Trevizo asked Johnson to exit the car. He did so. Trevizo conducted a pat-down search, and she felt a gun. Johnson struggled but he was arrested, and a further search revealed marijuana. Johnson was charged with unlawful possession of a gun, possession of marijuana, and resisting arrest. In court, Johnson challenged the legality of the search saying it had nothing to do with the traffic stop. Did the pat-down violate the Fourth Amendment’s prohibition on unreasonable searches and seizures? Explain.