Consider Whom to Ask to the Prom: Amending California Penal Code Section 4030
![handle is hein.journals/wsulr40 and id is 173 raw text is: Consider Whom to Ask to the Prom:
Amending California Penal Code Section 4030
INTRODUCTION ............................................................. 165
PART I: How ALBERT FLORENCE WAS ASKED TO THE PROM ............... 167
PART 11. BELL BALANCING TEST ..... .................................. 168
Penological Interests ...................................... 169
Fourth Amendment Rights and the Standard of Reasonableness ....... 170
PART III: CALIFORNIA'S EFFORT TO FIND A BALANCE ..... ............... 171
Strip Searches Pursuant to Penal Code Section 4030 ... ............ 172
Reasonable Suspicion: Demanding Less than That for Probable Cause. 172
California Legislature's Intent Is Not Met....................... 173
Non-violent, Non-drug, and Non-gang Related Felonies .............. 173
Non-violent, Non-drug, and Non-gang Related California Wobblers . 174
PART IV: APPLYING A UNIFORM STANDARD TO ALL PRETRIAL ARRESTEES .... 175
Direction from the Ninth Circuit: Thompson and Kennedy ........... 175
Extending Reasonable Suspicion to All Pretrial Arrestees ............ 176
CONCLUSION............................................................. 177
INTRODUCTION
This article's title refers to Jon Stewart's interview of Thomas C. Goldstein,'
the attorney who represented the petitioner, Albert Florence, in Florence v. Board of
Chosen Freeholders of the County of Burlington.2 Goldstein rephrased a comment
made by Justice Kennedy that [pretrial arrestees] would appreciate knowing, when
they get booked into jail, that they are strip searched because.. . . everybody was strip
searched. If [some arrestees] weren't strip searched . . . [they] might feel that there
was discrimination.3 Stewart cynically questioned whether Justice Kennedy's
comment could be analogized to the disappointment one might feel when not asked to
the prom.4 While Stewart's comment may sound contemptuous, it highlights the
uneven manner in which strip search policy, or lack thereof, has been implemented.
After Justice Kennedy tipped the scale in a five to four decision against the
mistakenly arrested petitioner in Florence v. Board of Chosen Freeholders of the
County of Burlington,5 the media did not hesitate to publicize the Supreme Court's
forgetfulness regarding the significance of legal standards in criminal procedure and
1. See The Daily Show with Jon Stewart (Comedy Central television broadcast Apr. 3, 2012)
(interviewing Thomas Goldstein, attorney for the petitioner in Florence).
2. Florence v. Bd. of Chosen Freeholders of the County of Burlington, 132 S. Ct. 1510 (2012) (holding
that suspicionless strip searches of all pretrial arrestees prior to admission into the general jail
population are not unconstitutional).
3. See The Daily Show with Jon Stewart, supra note 1.
4. Id.
5. See Florence, 132 S. Ct. 1510.](ViewImageLocal?handle=hein.journals/wsulr40&div=13&collection=&method=preview&ext=.png&size=3)
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Consider Whom to Ask to the Prom: Amending California Penal Code Section 4030
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