CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Thursday, October 13, 2011

"Oral Argument in Florence v. Board of Chosen Freeholders of the County of Burlington"

Thoughts from Orin Kerr at The Volokh Conspiracy on the strip-search case:

My sense of the argument was that the Justices were pretty skeptical of engaging in the kind of line-drawing that the Petitioner advocated. It was just too hard to distinguish a 10-foot inspection from a 5-foot inspection from a 2-foot inspection, or to distinguish a major crime from a minor one. So I would guess the votes will be there for a conclusion that no line-drawing as required, as the government has the discretion to do a close visual inspection of all arrestees when they enter jail.

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