Thursday, November 17, 2011

Justices struggle over strip-search case

"The Supreme Court on Wednesday struggled with whether jail officials may conduct intrusive strip searches of all arrestees, even of those detained for minor offenses, or whether the Constitution demands something more."  The Petitioner "urged the justices to hold that the Fourth Amendment requires reasonable suspicion for strip searches of all arrestees in order to protect individual integrity and dignity"  The opposing side urged a uniform policy, "reasonable suspicion should not be required when an arrestee is going to be put into the general prison or jail population."  "The Fourth Amendment issue in Florence v. Board of Chosen Freeholders stems from two strip searches of Albert Florence, a New Jersey resident. Florence, after a traffic stop, was arrested on a bench warrant for failure to pay a fine. Although Florence produced a receipt showing payment of the fine, the officer arrested him and took him to the Burlington County jail in New Jersey."  More.
Posted in National Law Journal by Marcia Coyle, Oct. 12, 2011

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