Snappy newsletters. Simple Facebook sharing. Spirited comments. Sweet features are waiting… GET THEM NOW!

Are Jail Strip Searches Unconstitutional?

NJ strip-search case reaches Supreme Court

By Rob Quinn,  Newser Staff

Posted Sep 13, 2011 9:06 AM CDT

(Newser) – Is it unconstitutional to strip-search every new inmate entering a jail? The Supreme Court will consider that question next month when it hears the case of Albert Florence, a 35-year-old New Jersey man who spent a week in jail because of a warrant that wrongfully said he was wanted for nonpayment of a fine. Florence is suing the two jails where he was strip-searched and detained, arguing that searching him for contraband when he had been arrested for a minor offense violated his constitutional protection against unreasonable searches, reports the Washington Post.

He's joined in the suit by people strip-searched after being arrested for "driving with a noisy muffler, failing to use a turn signal, and riding a bicycle without an audible bell," Florence's lawsuit states. The humiliating treatment, he says, is something he wouldn't wish on his worst enemy. The American Bar Association is backing his case. "Nearly 14 million Americans are arrested each year,"and many arrests “do not involve violence or drugs and do not suggest a motive or opportunity to smuggle contraband into a prison," the association wrote in a brief to the court. The appeals court that earlier rejected Florence's claim wrote that "preventing the introduction of weapons and drugs into the prison environment is a legitimate interest of concern for prison administrators."

Prison officials argue that contraband would get out of control without mandatory searches.
Prison officials argue that contraband would get out of control without mandatory searches.   (Shutterstock)
« Prev« Prev | Next »Next » Slideshow

If I'm walking in there for a broken taillight, I don't expect to get strip-searched. - Susan Chana Lask,
Florence's attorney

« Prev« Prev | Next »Next » Slideshow
My TakeCLICK BELOW TO VOTE
7%
15%
2%
66%
2%
8%
To report an error on this story, notify our editors.
COMMENTS
Showing 3 of 15 comments
lhly83
Sep 14, 2011 7:03 PM CDT
http://www.lovetoshopping.org 
LoginsSuck
Sep 13, 2011 1:18 PM CDT
This just goes to show you, if you are gonna break the law, then really go for it. The jail will treat all law breakers the same. Might as well add armed criminal action to that jaywalking.
LK789
Sep 13, 2011 9:38 AM CDT
What?? Are you serious? You are a prisoner because you have done something wrong. KNOWINGLY wrong. You are there to be punished and kept from society because you yourself, are wrong. Rights? What about the rights of the people you hurt or killed? heh. NOW you think about rights. >:P Ok, ok...so SOME people get locked up wrongfully. They say they are innocent. If they are, then when they can get out they can tell of the horrors of prison and make sure everyone thinks twice before doing anything to another that might land them there. The price is worth it.
 

NEWS FROM OUR PARTNERS
Other Sites We Like:   24/7 Wall St.   |   BuzzFeed   |   Cracked   |   Timelines   |   POPSUGAR Tech   |   Business Insider   |   HuffPost Entertainment   |   NewsOne