Legal Opinion · Dissent

State v. Hodson

Utah Supreme Court

Decided November 30, 1995No. 940053Published

1DissentHowe, Justice

I dissent. The majority appropriately analyzes the reasonableness of the search by weighing (1) the extent to which the procedure used may threaten the safety or health of the individual, (2) the extent of the intrusion upon the individual’s dignitary interests in personal privacy and bodily integrity, and (3) the community’s interest in fairly and accurately determining guilt or innocence. Winston v. Lee, 470 U.S. 753, 761-62, 105 S.Ct. 1611, 1617-18, 84 L.Ed.2d 662 (1985). Application of these factors supports the court of appeals’ conclusion that the officer’s search may have been…

2Cases cited15 opinions

  1. Rochin v. CaliforniaSupreme Court of the United States · 1952
  2. Winston v. LeeSupreme Court of the United States · 1985
  3. People v. BracamonteCalifornia Supreme Court · 1975
  4. Johnny Espinoza v. United StatesCourt of Appeals for the Fifth Circuit · 1960
  5. Hernandez v. StateCourt of Criminal Appeals of Texas · 1977

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