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STATE v. NIEVES

No. 10, September Term, 2004.

861 A.2d 62 (2004)

383 Md. 573

STATE of Maryland v. Chris NIEVES.

Court of Appeals of Maryland.

November 15, 2004.

Attorney(s) appearing for the Case

Edward J. Kelley, Assistant Attorney General (J. Joseph Curran, Jr., Attorney General of Maryland, on brief), Baltimore, for petitioner.

William E. Nolan, Assistant Public Defender (Nancy S. Forster, Public Defender, on brief), Baltimore, for respondent.

ARGUED BEFORE: BELL, C.J., RAKER, WILNER, CATHELL, HARRELL, BATTAGLIA and GREENE, JJ.

BATTAGLIA, J.

This case requires us to consider whether a strip search conducted incident to a lawful arrest for a minor traffic offense is reasonable under the Fourth Amendment. We conclude that, under the circumstances of this case, the strip search conducted incident to arrest for a minor traffic offense was unreasonable, and thus, violative of the Fourth Amendment.

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