This article suggests, inter alia, that Atwater can and should be limited, or better yet, overruled, by the adoption of reasonableness and probable cause standards that take into account the seriousness of the offense and make custodial arrests of minor offenders, and searches directed at minor offenders, much more difficult to justify than comparable activities directed at serious offenders.
Schroeder, William A.
"Factoring the Seriousness of the Offense Into Fourth Amendment Equations: Strip Searches in Detention Facilities - Atwater Strikes Again,"
Akron Law Review: Vol. 46
, Article 2.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol46/iss2/2