Find Court Cases > Florence v. Board of Chosen Freeholders of the County of Burlington

Florence v. Board of Chosen Freeholders of the County of Burlington

Case Date: 10/12/2011
Docket No: none

Facts of the Case 

Albert Florence was searched twice in seven days after he was arrested on a warrant for a traffic violation he had already paid. Florence filed a lawsuit against officials at the two jails, contending the jailhouse searches were unreasonable because he was being held for failure to pay a fine, which is not a crime in New Jersey.

U.S. District Court Judge Joseph H. Rodriguez ruled that the strip search of Florence violated the Constitution. However, officials representing both Burlington and Essex Counties appealed the decision. The U.S. Court of Appeals for the Third Circuit reversed, holding that it is reasonable to search everyone being jailed, even without suspicion that a person may be concealing a weapon or drugs.

Question 

Does the Fourth Amendment permit a jail to conduct a suspicion-less strip search whenever an individual is arrested, including for minor offenses?

Argument Florence v. Board of Chosen Freeholders of the County of Burlington - Oral ArgumentFull Transcript Text  Download MP3