Logan v. Shealy, Civ. A. No. 80-210-A.
Decision Date | 30 September 1980 |
Docket Number | Civ. A. No. 80-210-A. |
Citation | 500 F. Supp. 502 |
Parties | Lucy N. LOGAN, Plaintiff, v. Norris SHEALY et al., Defendants. |
Court | U.S. District Court — Eastern District of Virginia |
Thomas A. Guidoboni, Bonner, Thompson, O'Connell, Gaynes & Middlekauff, McLean, Va., for plaintiff.
Albert J. Ahern, Jr., Bailey's Crossroads, Va., for John Doe, Richard Roe and Jane Doe.
William D. Dolan, III, Arlington, Va., for Burroughs.
Claude M. Hilton, Arlington, Va., for Clements & Gondles.
Jerry K. Emrich, Arlington, Va., for Shortt, Sheally, Johnson and Vance, Arlington Cty.
This § 1983 suit for damages and for declaratory and injunctive relief for violation of plaintiff's Constitutional rights by various present and former officers of Arlington County, Virginia grew out of her arrest and commitment for driving while intoxicated, and her unreasonable refusal to take a breathalyzer test as provided for by § 18.2-268(c), (n) of the Code of Virginia.
She claims she was denied her Constitutional right to the assistance of counsel and to be free from unreasonable searches, and has asked this Court to permanently enjoin and restrain the defendants from maintaining and/or enforcing any policy or practice which denies those charged with driving while intoxicated from consulting with their attorney upon request-and which subjects those so charged and committed to being strip-searched, unless the Sheriff or his deputies have reasonable grounds to believe that contraband and/or weapons are being concealed on such person.
The case was heard on the merits, and the claim for damages was dismissed-the claim for declaratory and injunctive relief was deferred pending further briefing and argument of counsel-those briefs have now been filed and considered.
There was little, if any, dispute as to what happened on the day in question:
No one has a Constitutional right to leave the scene of an accident to call their lawyer while their sobriety is being checked-or to have their lawyer present or to talk with her on the telephone in re whether or not she should take the required breathalyzer or blood test.
The plaintiff knew, or should have known, as a practicing and former Assistant Commonwealth Attorney, that such blood or breath test must be taken within two hours from the time of the alleged offense.
The accident in question occurred at about 7:30 p. m. It took her until almost 10:00 o'clock to make up her mind as to whether or not she was going to take the breathalyzer test, after having been fully advised by both the arresting officer and the Magistrate of the law requiring that a blood or breath test be taken and the penalty for refusing.
The warrants for her arrest for DWI and unreasonable refusal were issued and served upon her...
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...of one incident where a minor offender on work release had smuggled a gun to a major offender in a detention center); Logan v. Shealy, 500 F.Supp. 502, 505 (E.D. Va.1980), rev'd in part, 660 F.2d 1007 (4th Cir.1981), cert. denied, 455 U.S. 942, 102 S.Ct. 1435, 71 L.Ed.2d 653 (1982) ("the Sh......
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Smith v. Montgomery County, Md.
...it cannot be said that the law on the legality of across-the-board strip search policies was clearly established. Compare Logan v. Shealy, 500 F.Supp. 502 (E.D.Va.1980), rev'd, 660 F.2d 1007 (4th Cir.1981) with Tinetti v. Wittke, 479 F.Supp. 486 (E.D.Wis.1979), aff'd, 620 F.2d 160 (7th Cir.......
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Ward v. County of San Diego
...94 S.Ct. 467, 477, 38 L.Ed.2d 427 (1973) (full search incident to custodial arrest for probable cause is reasonable); Logan v. Shealy, 500 F.Supp. 502 (E.D.Vir.1980) (strip search of DWI arrestee held for four hours or until some responsible person could pick arrestee up is reasonable), rev......
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Ward v. San Diego County
...94 S.Ct. 467, 476, 38 L.Ed.2d 427 (1973) (full search incident to custodial arrest for probable cause is reasonable); Logan v. Shealy, 500 F.Supp. 502 (E.D.Vir.1980) (strip search of DWI arrestee held for four hours or until some responsible person could pick arrestee up is reasonable), rev......