Jonathan Jacobson v. James McCormick
2014 U.S. App. LEXIS 15596
8th Cir.2014Background
- On Sept. 12, 2009, Olmsted County deputies McCormick and Voltaire arrested Jonathan Jacobson for driving while impaired; Jacobson told an officer he had recently "smoked a bowl."
- After pat-downs and vehicle searches revealed no contraband, deputies brought Jacobson to the county detention center for booking.
- In a private cell, deputies conducted a visual body-cavity/strip search (per county policy permitting strip searches where there is reasonable suspicion of concealed contraband).
- Jacobson was booked into the busy booking area (mixed population) and then released the same day.
- Jacobson sued under 42 U.S.C. § 1983, alleging the strip search violated the Fourth Amendment; the district court granted summary judgment for the officers.
- On appeal the Eighth Circuit addressed qualified immunity and whether, as of September 2009, it was clearly established that the officers’ conduct was unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the strip search violated the Fourth Amendment | Jacobson: strip search required individualized reasonable suspicion and officers lacked it here | Officers: search reasonable because county policy allowed searches when reasonable suspicion exists; alternatively Florence permits suspicionless searches at booking | Court: did not decide constitutionality on the merits; instead held officers entitled to qualified immunity because law was not clearly established in 2009 |
| Whether officers are entitled to qualified immunity | Jacobson: clearly established that strip searches require reasonable suspicion and facts here did not meet that standard | Officers: no clearly established law barring a strip search based on an admission of recent drug use; reasonable officers could believe search lawful | Court: granted qualified immunity — reasonable officer in 2009 could believe Jacobson’s admission provided reasonable suspicion |
Key Cases Cited
- Saucier v. Katz, 533 U.S. 194 (2001) (qualified immunity two-step analysis)
- Wilson v. Layne, 526 U.S. 603 (1999) (standard for clearly established law / fair notice)
- Florence v. Board of Chosen Freeholders, 132 S. Ct. 1510 (2012) (addressing suspicionless strip searches at booking — postdating this incident)
- McDonell v. Hunter, 809 F.2d 1302 (8th Cir. 1987) (Eighth Circuit precedent permitting strip searches when reasonable suspicion exists)
- Jones v. Edwards, 770 F.2d 739 (8th Cir. 1985) (noting minor offenses typically do not give rise to suspicion for strip searches)
- Way v. County of Ventura, 445 F.3d 1157 (9th Cir. 2006) (strip search after drug-related arrest lacked reasonable suspicion; nonetheless granted qualified immunity)
- Foote v. Spiegel, 118 F.3d 1416 (10th Cir. 1997) (denied qualified immunity where prior Tenth Circuit law clearly established that suspected drug use alone did not justify strip search)