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Law and Race

University of Michigan Law School

Journal

2015

Cavity searches

Articles 1 - 1 of 1

Full-Text Articles in Law

Strip Searching In The Age Of Colorblind Racism: The Disparate Impact Of Florence V. Board Of Chosen Freeholders Of The County Of Burlington, André Keeton Oct 2015

Strip Searching In The Age Of Colorblind Racism: The Disparate Impact Of Florence V. Board Of Chosen Freeholders Of The County Of Burlington, André Keeton

Michigan Journal of Race and Law

In 2012, the Supreme Court of the United States decided Florence v. Board of Chosen Freeholders of the County of Burlington. The Court held that full strip searches, including cavity searches, are permissible regardless of the existence of basic reasonable suspicion that the arrestee is in possession of contraband. Further, the Court held that law enforcement may conduct full strip searches after arresting an individual for a minor offense and irrespective of the circumstances surrounding the arrest. These holdings upended typical search jurisprudence. Florence sanctions the overreach of state power and extends to law enforcement and corrections officers the unfettered …