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CAMPBELL v. MILLER

No. 03-3018.

373 F.3d 834 (2004)

James CAMPBELL, Plaintiff-Appellant, v. Frank MILLER, et al., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided June 28, 2004.

Rehearing and Rehearing Denied August 20, 2004.

Attorney(s) appearing for the Case

Michael K. Sutherlin (argued), Sutherlin & Associates, Indianapolis, IN, for Plaintiff-Appellant.

Suzannah Wilson Overholt (argued), James B. Osborn, Office of the Corporation Counsel, Indianapolis, IN, for Defendants-Appellees.

Before EASTERBROOK, KANNE, and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied August 20, 2004.

EASTERBROOK, Circuit Judge.

Police in Indianapolis arrested James Campbell for possessing marijuana. Because the local jail is crowded, Indianapolis does not make a full custodial arrest of each person arrested for a misdemeanor; instead it issues a summons and citation. Before releasing Campbell, however, the police conducted a body-cavity search for drugs. Nothing was found, and no criminal prosecution...

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