Supreme Court Rules Strip Search Okay for Minor Offense

3,395 views · Published 4 April 2012 · 1:43 · Indexed 20 September 2026

Channel: MorningMayan-Linda West · 2012 · Education

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The U.S. Supreme Court has ruled that guards may routinely strip search even minor traffic offenders when they are arrested and detained. The court's 5-4 ruling came in the case of a New Jersey man who was arrested because of a computer error.

Albert Florence, his wife and little boy were on their way to his parents' home in 2005, when they were pulled over by a state trooper. Mrs. Florence was at the wheel, but the trooper's roadside state records check showed a seven-year-old outstanding arrest warrant for Albert Florence for failing to pay a fine. Florence said he had paid the fine, and pulled out a receipt, which he kept in the car. But the trooper said there was nothing he could do. Florence was handcuffed and taken to the local county jail.

The state would later admit it had failed to properly purge the arrest warrant, but at the time of the arrest, the error turned into a "nightmare," Florence said. He was held in jail for seven days and strip-searched twice.

Florence said the experience "petrified" and "humiliated" him. Upon entering the jail, he was ordered to take a delousing shower, then inspected by a guard who was about "an arm's distance" away and instructed Florence to squat, cough and lift up his genitals.

Florence subsequently sued, contending that automatically strip-searching a person who is arrested for a minor offense violates the Constitution's ban on unreasonable searches.

But on Monday, the Supreme Court disagreed by a 5-4 vote. Writing for the court's conservative wing, Justice Anthony Kennedy noted that jails are "often crowded, unsanitary, and dangerous places," and that, therefore, the courts must defer to the judgment of correctional officials in order to prevent new inmates from putting lives at risk with weapons or contraband that they may "carry in on their bodies."

The Dissent

The dissenters, led by Justice Stephen Breyer, argued that when a detainee is brought in on a minor charge that involves neither violence nor drugs, correctional officials should have to cite some reason-
Full article:
http://www.npr.org/2012/04/02/149866209/high-court-supports-strip-searches-for-minor-offenders

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