Florence v. Board of Chosen Freeholders of the County of Burlington
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 10-945 | 3d Cir. | Oct 12, 2011 | Apr 2, 2012 | 5-4 | Kennedy | OT 2011 |
Disclosure: Goldstein & Russell, P.C. serves as counsel to the petitioner this case.
Holding: Jail strip searches do not require reasonable suspicion, at least so long as the arrestee is being admitted into the general jail population.
Judgment: Affirmed, 5-4, in an opinion by Justice Kennedy on April 2, 2012. The Chief Justice and Justices Scalia and Alito joined the opinion in full, while Justice Thomas joined as to all but Part IV. The Chief Justice and Justice Alito filed concurring opinions. Justice Breyer filed a dissenting opinion, which was joined by Justices Ginsburg, Sotomayor, and Kagan.
SCOTUSblog Coverage
- Reviewing the Fourth Amendment cases of OT2011 (Orin Kerr, August 10, 2012)
- Opinion analysis: Routine jail strip searches OK (FINAL UPDATE 2:56 pm) (Lyle Denniston, April 2, 2012)
- Thoughts on the strip-search case (Orin Kerr, October 12, 2011)
- Argument recap: No flat rule on strip-searches? (Lyle Denniston, October 12, 2011)
- Argument preview: No limits on strip-searching? (Lyle Denniston, October 7, 2011)
- Petition of the day (Conor McEvily, February 25, 2011)
Briefs and Documents
Merits Briefs for the Petitioner
Amicus Briefs in Support of the Petitioner
- Brief for Academics on Gang Behavior
- Brief for the American Bar Association
- Brief for Current and Former Corrections Professionals
- Brief for Former Attorneys General of New Jersey
- Brief for Medical Society of New Jersey et al.
- Brief for National Association of Criminal Defense Lawyers
- Brief for the National Police Accountability Project
- Brief for Psychiatrists
- Brief for Sister Bernie Galvin et al.
- Brief for Domestic Violence Legal Empowerment and Appeals Project, et al.
Merits Briefs for the Respondents
Amicus Briefs in Support of the Respondents
- Brief for the National Sheriffs’ Association
- Brief for the County Commissioners Association of Pennsylvania
- Brief for City and County of San Francisco et al.
- Brief for Policemen’s Benevolent Assoc., Local 249 et al.
- Brief of Atlantic County and Gary Merline
- Brief for New Jersey County Jail Wardens Assoc.
- Brief for Cook County
- Brief for State of Michigan and 11 Other States
- Brief of the Texas Assoc. of Counties et al.
- Brief for DRI
- Brief of City and County of San Francisco et al.
- Brief for the United States
- Brief for Maine County Commissioners Association
Certiorari-stage documents
- Opinion below (3d Circuit)
- Petition for certiorari
- Brief in opposition for Board of Chosen Freeholders of the County of Burlington et al.
- Brief in opposition for Essex County Correctional Facility et al.
- Petitioner's reply
