Karma Is A Harsh Taskmaster! “It Ain’t Over ‘Til It’s Over” & The Fat Lady Hasn’t Sang Yet!!
“The district court decided that Labowitz was entitled to immunity and dismissed the complaint, so Sims’ filed an appeal. This month, the U.S. Court of Appeals issued a reversal of the district court’s position, stating, “Construing the facts in the light most favorable to Sims, a reasonable police officer would have known that attempting to obtain a photograph of a minor child’s erect penis, by ordering the child to masturbate in the presence of others, would unlawfully invade the child’s right of privacy under the Fourth Amendment.”
Labowitz “maintains that Sims failed to produce sufficient facts to support a Fourth Amendment violation because Abbott’s search did not place him at risk of “physical harm, and because the search did not physically invade Sims’ body.” The appeals court disagreed, responding, “We cannot perceive any circumstance that would justify a police search requiring an individual to masturbate in the presence of others.”