Legal Opinion · Dissent
Powell v. Barrett
Court of Appeals for the Eleventh Circuit
Decided September 4, 2008No. 05-16734Published
1DissentBarkett, Circuit Judge
I believe the majority misreads Bell as justifying a balancing test that is satisfied by the mere fact that the strip searches take place in jails. The complaint alleges the automatic strip-searching, in a group, of arrestees charged with petty misdemeanors when there is no cause whatsoever to suspect the individuals of concealing contraband. No justification for these invasive searches is alleged and there are no other facts before us at this juncture to permit upholding these searches under the Bell balancing test. Under the longstand*1315ing, widely-held reading of Bell, with which I agree, the…
2Cases cited28 opinions
- Bell v. WolfishSupreme Court of the United States · 1979
- Pell v. ProcunierSupreme Court of the United States · 1974
- Reno v. FloresSupreme Court of the United States · 1993
- Boxer X v. HarrisCourt of Appeals for the Eleventh Circuit · 2006
- Robert E. Thompson v. City of Los Angeles, and County of Los Angeles, University of California at Los AngelesCourt of Appeals for the Ninth Circuit · 1989
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