10 N.Y.3d 303 (2008)
A visual body cavity inspection may be conducted if the police have a factual basis supporting a reasonable suspicion that the arrestee has evidence concealed inside a body cavity and the search is conducted in a reasonable manner; however, if the visual inspection reveals the presence of a suspicious object, the police must obtain a warrant authorizing the object’s removal unless there are exigent circumstances.
Summary
This case addresses the constitutionality of warrantless body cavity searches following a drug arrest. Police observed Hall engaging in a drug sale. After arresting and searching him, officers conducted a visual body cavity inspection, spotting a string protruding from his rectum. They forcibly removed a bag of cocaine. The Court of Appeals held that while the visual inspection was justified by reasonable suspicion, the forced removal of the drugs without a warrant or exigent circumstances violated the Fourth Amendment. This case clarifies the line between permissible visual inspections and unlawful physical intrusions into body cavities.
Facts
Sergeant Burnes, observing from a rooftop, witnessed Hall hand money to Meyers, who then entered a bodega and gave something to two individuals. Burnes saw what appeared to be crack cocaine in Meyers’ hand. After arresting Hall, a clothing search revealed nothing. In a private cell, officers ordered Hall to disrobe and bend over. Burnes and Spiegel observed a string or plastic hanging from Hall’s rectum and, believing it was attached to drugs, ordered Hall to remove it. Hall refused, and officers forcibly removed a plastic bag containing crack cocaine.
Procedural History
Hall was indicted for criminal possession of a controlled substance. The Supreme Court granted Hall’s motion to suppress the drug evidence, dismissing the indictment. The Appellate Division reversed, finding the visual inspection justified and the immediate retrieval of drugs permissible. The New York Court of Appeals granted leave to appeal.
Issue(s)
1. Whether the police violated the Fourth Amendment by conducting a visual body cavity inspection of Hall without a warrant based on reasonable suspicion?
2. Whether the police violated the Fourth Amendment by forcibly removing the drugs from Hall’s rectum without first obtaining a warrant?
Holding
1. Yes, but only because the police had reasonable suspicion to believe Hall was concealing evidence inside a body cavity.
2. Yes, because absent exigent circumstances, a warrant is required to remove an object protruding from a body cavity.
Court’s Reasoning
The court distinguished between strip searches, visual body cavity inspections, and manual body cavity searches, noting increasing levels of intrusion. Citing Schmerber v. California, the court reiterated that intrusions into the body require a warrant unless exigent circumstances exist. While Bell v. Wolfish allows visual cavity searches of pretrial detainees based on reasonableness, the court held that visual body inspections of arrestees require at least reasonable suspicion, supported by specific and articulable facts. In Hall’s case, the police had reasonable suspicion based on his observed drug sale, his retreat into a building, the absence of drugs on his person, and the officer’s experience with similar cases. However, once the officers observed the string, they needed a warrant to remove the drugs. Because no exigent circumstances existed (imminent destruction of evidence or medical distress), the warrantless removal of the drugs was unlawful under People v. More, mandating suppression of the evidence. The court emphasized that blanket policies for body cavity searches are unconstitutional; individualized suspicion is required. The court also noted that inspections should be conducted in a private location by an officer of the same gender, avoiding undue humiliation to the arrestee. Quoting People v Cantor, the court stated that police need “specific and articulable facts which, along with any logical deductions, reasonably prompted th[e] intrusion.”