Ioane v. Hodges

Allegation: While executing search of home pursuant to warrant, female IRS agent insists on accompanying woman to bathroom, views her naked body. (Her husband, the subject of the investigation and warrant, was able to use the restroom in peace.) Can the woman sue the agent? Indeed so, says the Ninth Circuit. The agent didn’t have cause to think the woman would destroy evidence. Concurrence: The cases the majority relies on establish only the unconstitutionality of opposite-sex bathroom observation, not that of same-sex observation. But a 1979 Supreme Court case makes clear that the agent wasn’t entitled to search the woman as she was not the subject of the investigation.

Tags: 2018, Fourth Amendment, IRS, Ninth Circuit, Qualified Immunity

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