NCJ Number
244049
Date Published
December 2012
Length
5 pages
Annotation
This article reviews the U.S. Supreme Court's majority ruling and dissenting opinion in Florence v. Board of Chosen Freeholders, 132 S.Ct. 1510 (2012), which held that correctional institutions may conduct routine strip-searches of all detainees being admitted to the general population of the institution, even those arrested for minor offenses.
Abstract
The Court based its decision on precedents that required courts to defer to the expertise of corrections officials in deciding how best to ensure the security of their institutions and the safety of officers and inmates. Two of the justices emphasized in their concurring opinions, however, that the Court's decision did not address the issue of whether such searches would be constitutionally justifiable without reasonable suspicion if a detainee was not admitted to the general population. This leaves open the possibility of limitations on such searches when there are alternatives to placement in the general population. Four justices dissented from the Court's opinion, arguing that the blanket strip search for detainees charged with minor offenses is an exaggerated response to the security issues presented by their placement in the general population of the jail. The dissent declared the strip search to be "a serious invasion of that person's privacy." It further argues that viewing the detainees at a distance, as they shower or change clothing should be sufficient for officers to make any necessary observations. Regarding the issue of contraband smuggling, the dissenting justices found no persuasive evidence that less-intrusive search methods would not be sufficient to detect and deter smuggling. This article advises that the "Florence" case highlights the need for clear legislative or regulatory guidance that specifies what constitutes a permissible strip search under particular circumstances. 18 notes