Sixtoes wrote on Apr 4, 2012, 19:20:
I'm a pretty hardcore libertarian, but people are seriously over-reacting here. I've read the decision (Florence v. {insert extremely long name here}), and can tell you that three very clear conditions apply.

First: strip searches can only be performed on someone who is being placed in jail - not merely arrested or detained. So the suggestion that violating a leash law would result in a strip search is utterly absurd and patently false - I know of no jurisdiction that would allow jail time for a leash law violation, do you?

Second: the opinion makes it clear that jail officials are allowed to conduct the strip search only if the prisoner is being placed among other prisoners in the facility. Two justices in the 5-4 majority wrote separately in order to stress this specific point. This is a safety issue for other prisoners - if it were merely about the safety of the facility or the guards, this wouldn't have been at issue in the court's written opinions.

Third: the authority to conduct a strip search was limited to visual only, without any touching whatsoever. It can be performed at the same time the inmate showers and de-louses before being put into general population.

The fact of the matter is that this is simply an example of a balancing act between protecting the security of other prisoners, while also protecting the liberty rights of the accused. A visual-only search is a reasonable part of the intake process.

Finally, it should be noted that if a particular state wants to limit these searches further, they may - this is simply the 'outer limits' of what the 4th amendment allows in this case. It's not SCOTUS' job to legislate - merely to ensure that legislation complies with the Constitution.

{end legal rant}