The Virginia Supreme Court convened on February 1, 2025, to deliberate on the case of Barlow v. Commonwealth, focusing on the legal definitions and implications surrounding strip searches. Justice Kelsey initiated discussions by questioning the nature of the search conducted in the case, specifically whether it constituted a strip search and the significance of that classification.

The trial court had previously determined that the search did not qualify as a strip search, referencing a precedent from the Court of Appeals in the McLeod case. In that instance, an officer had pulled back the shorts of an individual to inspect inside, which the Court of Appeals ruled was not a strip search. The current court acknowledged that even if the search were deemed a strip search, it could still be considered reasonable under the circumstances.

Justice Kelsey noted the complexity surrounding the definition of a strip search, citing that various courts across the country have struggled with this classification. The U.S. Supreme Court has also remarked on the imprecision of the term. In this case, the officers' actions were described as a "reach in" or an "under the clothing search," which some courts view as a lesser form of search than a full strip search.

Ultimately, the court concluded that the distinction may not significantly impact the case's outcome, suggesting that the classification of the search might not be as critical as previously thought. The discussions highlighted the ongoing legal challenges in defining search types and their implications for law enforcement practices.