Supreme Court Decides in Favor of Strip Searches of Jail Detainees

Posted by Christopher Shumate | Dec 17, 2012 | 0 Comments

The Supreme Court recently delivered its opinion in Florence v. Board of Freeholders. The Supreme Court upheld the validity of strip searches of jail detainees who are being detained for minor offenses. The key inquiry in the case surrounded the type of suspicion required before officials can initiate a strip search of a detainee. It was Florence's proposition that officials need a reasonable, individualized suspicion that the detainee is armed or carrying contraband before an official can conduct the strip search. However, the Court rejected the argument, determining officials are justified in strip searching all detainees. Justice Kennedy wrote in the opinion that such procedures are a reasonable balance between the detainee's privacy and the safety precautions needed for a detention facility.

The ruling in Florence v. Board of Freeholders was delivered eight years after Florence was arrested. Florence was arrested in 2005 during a traffic stop for an outstanding warrant that was vacated by the issuing judge but never removed from the state records. Florence was detained in the county jail and then later transferred to another correctional facility. Florence was subjected to a strip search at both facilities.

About the Author

Christopher Shumate

Mr. Chris Shumate is a native of Gastonia, North Carolina, and worked various jobs while pursuing his undergraduate and Juris Doctor education, including several heavy manual labor and skilled trade positions. In his practice, Mr. Shumate often encounters circumstances where these prior experiences are helpful in representing you. Upon graduating law school from the University of South Carolina, Mr. Shumate joined one of the Carolinas' larger defense firms, where he represented a diverse set of employers and insurance companies in civil cases and workers' compensation claims across the Carolinas. Chris utilized this experience to obtain a working knowledge of the insurance industry, and build personal contacts used today in representing you. Mr. Shumate ultimately decided he wanted to focus his law practice on assisting those who have been injured, and doing so with the focus on a personal relationship that is uncommon in the bigger firms. Mr. Shumate's also has a passion for assisting those facing the challenges of the criminal legal system. By representing individuals in a variety of criminal and traffic matters, Mr. Shumate works to achieve the best possible result for each client regardless of the charges levied by the prosecution. Chris has tirelessly pursued his mission of helping people from all walks of life throughout the Carolinas with a variety of legal matters. If you are interested in learning more about Chris Shumate and The Shumate Law Offices, please contact us at 704.371.5059. We look forward to assisting you to achieve a positive result in your legal concern. Education J.D., University of South Carolina B.S., University of South Carolina Jurisdictions Admitted to Practice N.C. State BarS.C. State BarU.S. District Court Western District of North Carolina Professional & Bar Association Memberships N.C. Bar Association S.C. Bar Association Mecklenburg County Bar N.C. Academy Of Trial Lawyers American Association For Justice


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