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is it better to overturn bell v wolfish and rule that prisoners have a fourth amendment right to be free from body cavity searches without probable cause or to rule at the next available test case?

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is it better to overturn bell v wolfish and rule that prisoners have a fourth amendment right to be free from body cavity searches without probable cause or to rule at the next available test case?

 

The case I've seen has the SC make a ruling on the next test case, and that might be because Bell v. Wolfish dealt with more than just body cavity searches (do you know if it did?)

 

Because if it did, you'll have topicality problems if you overturn it.

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Bell V. Wolfish also dealt with like....double bunking of prisoners.

 

true, and you could probably get some disad ground out of that, but as long as you don't claim advantages from "double bunking of prisoners," there's no abuse.

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