People v. Mitchell

In People v. Mitchell (2 A.D.3d 145 [2003]) the defendant was arrested some two hours after making a narcotics sale to an undercover officer as part of a buy and bust operation. After the defendant was patted down, he was strip searched: he was ordered to bend over with his head inside the rear of a police van as his pants were pulled down to reveal the lower half of his body. The police then removed two glassines of heroin from between his buttocks cheeks. This was done during daylight hours in full view of the public. The Mitchell court held that in determining whether a search is reasonable under the Fourth Amendment, a court must consider " 'the scope of the particular intrusion, the manner in which it is conducted, the justification for initiating it, and the place in which it is conducted.' " (Id. at 147.)