The following excerpt is from Sloley v. VanBramer, 945 F.3d 30 (2nd Cir. 2019):
(2) The unconstitutionality of a visual body cavity search without reasonable suspicion had been firmly established in this Circuit for those arrested for misdemeanors, see Weber v. Dell, 804 F.2d 796, 802 (2d Cir. 1986).
(3) The distinction between misdemeanors and felonies was highly unlikely to be considered by a police officer hurriedly deciding to make a visual body cavity search of a person arrested for a misdemeanor. See Tennessee v. Garner , 471 U.S. 1, 14, 105 S.Ct. 1694, 85 L.Ed.2d 1 (1985) (In the context of Fourth Amendment searches and seizures, the distinction between felonies and misdemeanors "is minor and often arbitrary.").
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