The Fourth Amendment of the United States Constitution protects individuals against unreasonable search and seizure. Yet Fourth Amendment rights are constantly undergoing scrutiny by courts. What constitutes a legal search and seizure is a complicated legal issue that can vary depending on the circumstances of the case. This October, the U.S. Supreme Court heard oral arguments on another questionable Fourth Amendment issue: the right for police and detention facilities to strip search a non-criminal upon arrest even without a "reasonable suspicion" that the individual arrested is hiding contraband.
The case arose out of a New Jersey incident in 2005. A bench warrant was issued for Albert Florence for a fine he had already paid. This warrant led to the arrest and strip search of Florence by a New Jersey police officer during a routine traffic stop. Two more jails subsequently strip searched Florence while he was incarcerated for nearly six days. Florence filed suit in federal court for a violation of his Fourth Amendment rights, winning his original suit but losing on appeal. The Supreme Court will now decide whether Florence's rights under the Fourth Amendment were violated.
Florence argues that the current allowance of indiscriminate search and seizures in trivial misdemeanor offenses is unreasonable. Some of these minor offenses allowing a strip search include the following:
- Traffic violations (e.g. speeding tickets, misuse of high beams, unfastened seat belts)
- Parking violations
- Moving violations (e.g. failure to use a blinker, crossing a double line)
- Bicycle violations (e.g. failure to ride with an working bell)
In their brief attorneys for Florence claim that misdemeanor strip searches are a "dramatic intrusion on personal privacy and dignity" and a violation of Fourth Amendment rights. The Supreme Court will issue an opinion in the coming months stating whether it agrees. If it finds for Florence, going forward individuals arrested for misdemeanors will be protected from strip searches unless the police or detention facility has a reasonable suspicion that the individual is hiding contraband.
Any individual facing criminal accusations should seek the counsel of a criminal defense lawyer who will ensure the suspect is afforded all of their legal rights and constitutional protections.
