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You Have the Right to be Strip Searched

May 18, 2012 by Kevin Mahoney

Supreme Court Rules that Those Arrested for Minor Offenses may be Subjected to a Strip Search as Part of Jail Intake Procedure

As the following recent Supreme Court decision illustrates, when you are arrested, you must check your pride, as well as your freedom, at the jailhouse door. You do not, however, have to forfeit your rights under the Constitution. If you have concerns about the way you or a loved one was treated after an arrest, you should discuss those concerns with an experienced Boston criminal defense lawyer.

Florence v. Board of Chosen Freeholders of the County of Burlington [Case No. 10-945, April 2, 2012]

Albert Florence was a passenger in a car that was pulled over for speeding. Florence had a bench warrant in the police system because several years earlier he had failed to appear for a court hearing to enforce the payment of a fine. (The fine, in fact, had been paid at the time of the traffic stop, but the warrant, inexplicably, had never been removed from the system.) Florence was arrested and taken to jail, where he was subjected to a thorough strip search, which included an inspection of his body cavities and a mandatory shower with a delousing agent. Six days later, Florence was transferred to another jail facility, where he was again subjected to a strip search as part of the jail intake process.

Florence filed a petition in Federal Court, alleging violations of his constitutional rights under the 4th and 14th Amendments. He argued that persons arrested for a minor offense should not be subjected to a strip search as part of the routine jail intake procedure; rather, that type of intrusive search should only be allowed if jail officials have a reasonable suspicion that the inmate is concealing dangerous weapons, drugs or other contraband.

In a 5-4 decision, the Supreme Court disagreed. The Court emphasized the need to screen inmates before they become part of the jailhouse population. In addition to uncovering weapons, drugs or other contraband, jail officials need to look for evidence of lice and other contagious diseases; wounds or injuries requiring medical attention; scars; and signs of gang affiliation. Asking jail officials to make exceptions to this search procedure would be (1) unworkable – jail officials often know little about an arrestee at the time of the initial search; (2) unreliable – the reasons for a current arrest are not indicative of that person’s criminal past and have no bearing on whether that person might be concealing contraband; and (3) would present an unnecessary risk to the entire jail population. Thus, the Court concluded that the search procedures at issue struck a reasonable balance between inmates’ privacy interests and the jails’ interests in maintaining order and protecting the safety of all inmates, as well as jail personnel.

Contact a Massachusetts Criminal Defense Lawyer 

If you or a loved one has been arrested, an experienced Boston criminal attorney can help to protect your constitutional rights. Contact us by phone at 617-492-0055 or by using our online contact form to schedule a free in-office consultation with Attorney Kevin J. Mahoney.

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Kevin Mahoney
Kevin Mahoney
Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.
Kevin Mahoney
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About Kevin Mahoney

Kevin J. Mahoney is a Boston, Massachusetts criminal defense lawyer recognized nationwide for his high-profile courtroom victories, bestselling book on cross-examination, Relentless Criminal Cross-Examination, novel insights into trial strategy, and numerous television appearances.

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  • NS, a DUI client,about 1 month ago

    Attorney Mahoney,

    I just wanted to say thank you for such a wonderful and excellent job you did for me. You were quite impressive up there and you really did your homework catching her in a few lies from previous testimony. You are the best! Even though I never want to be in this situation again, if I know anyone I will give them your name.

    Thank Amy for me too! She is a great asset to have in your office! Very pleasant and understanding.

    Again thank you and go Celtics!
     

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  • about 1 month ago

    Kevin Mahoney recently represented me in a case for destruction of property and disorderly conduct. He was extremely thorough and persistent, and despite a great deal of evidence against me, he managed to get the felony charge dropped without having to go to trial.

    I had never been in legal trouble before and had no idea how to proceed, and without his counsel, I am sure that I would have gotten convicted.

    He listened to my specific needs and always acted in my best interest. His knowledge, attention to detail, and general courtroom presence continued to amaze me throughout the entire process.
     

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  • M.K.about 1 month ago

    Dear Attorney Mahoney:

    I wish to express my sincere appreciation for your efforts on my behalf. Your defense was truly outstanding. The court room skills that you demonstrated and legal knowledge were truly incomparable. I’m wishing you the very best in your future endeavors.

    In addition, I ‘m looking forward to viewing the Jello Trial on Court T.V. Let me thank you once again.

     

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  • about 1 month ago

    Attorney Mahoney,

    Is very knowledgeable and very professional. He has just represented me in a case lasting a year and a half, and he made sure I got a fair trial with a fair jury. He kept me well informed about what would be happening in the court room and always had a well thought out defense for any route of attack the D.A. would be planning on.

    My trial took 2 and a half days and after the jury deliberated for approximately 23 minutes they came back with a “Not guilty” verdict. I would recommend Attorney Mahoney to anyone I know, but I sure hope I dont need him again. : ) .
     

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