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Stip Searches May Not Violate Your Rights.

By: Jason D. Briel, Esq.

A New Jersey man took his case all the way to the U.S. Supreme Court, and after a seven year battle, the Court ruled 5-4 that blanket strip search policies for detainees are not a violation of the U.S. Constitution.

In 2005, Albert Florence was arrested after his wife was pulled over for speeding. The officer who pulled him over noticed there was a warrant for his arrest due to an unpaid fine. (Turns out the fine had actually been paid prior to his arrest). During his time as a non-criminal detainee, he was strip searched on two occasions. Mr. Florence brought a suit claiming the tactics of the prisons were a violation of his civil rights.

However, the U.S. Supreme court ruled his 4th amendment rights were not violated and prisons do not need suspicion or cause to search a detainee, even a non-criminal detainee.

The Court stated:

Maintaining safety and order at institutions requires the expertise of correctional officers, who must have substantial discretion to devise reasonable solutions to the problems they face.

THE FOREGOING IS A GENERAL DISCUSSION OF THE LAW AND SHOULD NOT BE INTERPRETED TO BE LEGAL ADVICE. IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK TO AN ATTORNEY 

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