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D.N.J.: Strip search must be on reasonable suspicion

By John Wesley Hall, Jr.

Strip searches must be conducted at the minimum on reasonable suspicion. Florence v. Bd. of Chosen Freeholders of Burlington, 2009 U.S. Dist. LEXIS 7923 (D. N.J. February 4, 2009): Several other Courts in this District have since held the same. See, e.g., DiLoreto v. Borough of Oaklyn, 744 F. Supp. 610, 622 (D.N.J. 1990) (holding that a visual strip search and subsequent viewing of plaintiff urinating was not reasonable "on the basis of mere suspicion that a car in which the detainee was a passenger was stolen."); Ernst v. Borough of Fort Lee, 739 F. Supp. 220, 225 (D.N.J. 1990) ("The mere fact that an arrestee will be incarcerated … does not render a strip search reasonable. Stated somewhat differently, arrest itself, standing alone, is simply not enough...continue to full post

Full post as published by Fourth Amendment on February 06, 2009 (boomark / email).