5. Invasion of Privacy

In the recently decided Florence vs. Board of Chosen Freeholders case, the issue of strip searches in prisons violating the Fourth Amendment was judged by the Supreme Court. Albert Florence was first arrested in 1998, charged with obstruction of justice and use of a deadly weapon, which required him to make a series of payments. He eventually completed all of the payments, but somehow the warrant remained in a statewide
computer database. This became a problem when Florence was pulled over by an officer in 2005 and taken to the Burlington County Detention Center.

Records show that he was then subjected to a full body cavity naked search and imprisoned for six days. According to the court report, "Officers would check arrestees for scars, marks, gang tattoos, and contraband as they disrobed. Petitioner claims he was also instructed to open his mouth, lift his tongue, hold out his arms, turn around, and lift his genitals." After, Florence was moved to a Newark correctional facility where he was intrusively searched again. The conservative majority concluded a "suspicious" standard by which inmates would have to pass through certain examinations. We are uncertain whether or not racial bias is accounted for considering Florence is an African American. The next day the  facility released him after confirming Florence's claim that he had already paid the fines. These searches that have possibly scarred Florence were justified by the crack down in security after the 9-11 attacks and inmates with crime records need to be checked in order to keep the jail environment more safe. 

Florence lost his Supreme Court appeal which was divided 5-4.  This decision makes an impact on every citizen's right to be secure against unreasonable searches shall not be violated, in other words, the Fourth Amendment. In this particular case, the searches no matter how precautionary have slightly crossed the line. I do see the need for detailed search, but a full body pat down would have been sufficient. The true question remains: how far are we willing to go to maintain safety? 

http://www.supremecourt.gov/opinions/11pdf/10-945.pdf

http://www.cnn.com/2012/04/02/justice/scotus-strip-search-ruling/index.html?hpt=ju_c2