People v. Hall

Ciparick, J. (concurring).

I agree with the Court’s conclusion that the manual body cavity search at issue here is unconstitutional under People v More (97 NY2d 209 [2002]) and Schmerber v California (384 US 757 [1966]). As a result, the majority correctly concludes that the cocaine that the police forcibly removed from defendant’s rectum must be suppressed. I also agree that the reasonable suspicion standard should govern strip searches conducted to disarm suspects and to prevent the destruction or concealment of contraband. I cannot, however, join the majority in holding that visual body…