Supreme Court Affirms Broad Authority of Corrections Officials to Conduct Strip Searches

On April 2, 2012, the Supreme Court issued its opinion in Florence v. Board of Chosen Freeholders of the County of Burlington in which it examined the constitutional limitations on searches conducted by corrections officers of new inmates at a jail or prison. In Florence, the Court affirmed earlier case law in which it held that corrections officers are permitted to devise reasonable search policies to detect and deter the possession of contraband in correctional facilities. Absent “substantial evidence in the record to indicate that the officials have exaggerated their response to these considerations,” courts should ordinarily defer to the officers’ expert judgment in such matters. In so holding, the Court rejected Albert Florence’s proposal that new detainees not arrested for serious crimes or for offenses involving weapons or drugs be exempt from invasive searches unless they give officers a particular reason to suspect them of hiding contraband. The Court held that his proposal would be unworkable. The search conducted twice on Mr. Florence was associated with his arrest and subsequent detention for allegedly having failed to show up for a hearing involving non-payment of a court fine. The outstanding warrant was the basis of Mr. Florence’s arrest. The warrant, however, should have been removed, because Mr. Florence had properly paid the fine. The case before the Supreme Court was part of Mr. Florence’s federal lawsuit brought against various governmental entities and corrections officials for damages under 42 U.S.C. § 1983. To read the full opinion please see our link under Law - Case Law - US Supreme Court.