Supreme Court Hears Potential Harassment Case of Philadelphia Area Man
A Phildelphia area potential harassment case that began more than six years ago is a little closer to a resolution today. The Supreme Court is now hearing the case of Burlington County man Albert Florence, who was strip-searched fterbeing arrested at a traffic search in 2005.
After being stopped at a motor vehicle stop by police in Burlington County New Jersey, Florence was taken into custody, and asked to repeatedly strip competely naked in front of officers in order to be examined for contraband. Florence was asked to do so twice in county jail in Mount Holly and then again more intrusively in Essex County jail.
Mr. Florence was arrested during the stop and detained due to an unrelated contempt-of-court warrant which was later discovered to be already satisfied. As a married father of four who works as a finance manager at an auto dealership, Florence reported feeling humiliated after the repeated strip-search and felt that his rights were violated. The feeling of humiliation that Florence describes is similar to that which a victim mght describe in a sexual harassment case.
Although the high court decided correcions officers could conduct body cavity inspections of inmates who had contact with visitors in a 1979 ruling, Florence may have been searched on shaky grounds. Some federal courts have ruled that strip searches should only take place with "reasonable suspicion" or after inmates have been charged with a serious crime.
The Albert W. Florence v. Board of Chosen Freeholders of the County of Burlington Supreme Court case is reportedly expected to bring uniformity throughout the country when it comes to regulations pertaining to the strip-search of inmates in order to prevent contraband, weapons, and protect workers and other inmates from injuries.
Since some county courts, including the U.S. Court of Appeals for the Third Circuit in Philadelphia, have ruled that jails may strip search inmates under any circumstances, it is uncertain whether or note Florence will win the case.
