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

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.”); O’Brien v. Borough of Woodbury Heights, 679 F. Supp. 429, 434 (D.N.J. 1988) (holding that strip/body cavity searches of plaintiffs arrested for petty disorderly offenses were unconstitutional and “senseless”); cf. Wilkes v. Borough of Clayton, 696 F. Supp. 144, 149 (D.N.J. 1988) (holding borough’s blanket policy of visual observation of arrestees using bathroom facilities “no less destructive of arrestees’ rights than the visual strip searches” previously held unconstitutional).

With respect to the Circuit Courts of Appeal, eight circuits presently agree that reasonable suspicion must be present before a strip search is conducted in this context. See Bull v. City and County of San Francisco, 539 F.3d 1193 (9th Cir. 2008); Roberts v. Rhode Island., 239 F.3d 107 (1st Cir. 2001); Weber v. Dell, 804 F.2d 796 (2d Cir. 1986), cert denied, 483 U.S. 1020 (1987); Masters v. Crouch, 872 F.2d 1248, 1255 (6th Cir. 1989), cert denied, 493 U.S. 977 (1989); Jones v. Edwards, 770 F.2d 739 (8th Cir. 1985); Stewart v. County of Lubbock, 767 F.2d 153 (5th Cir. 1985), cert denied, 475 U.S. 1066 (1986); Hill v. Bogans, 735 F.2d 391 (10th Cir. 1984); Mary Beth G. v. City of Chicago, 723 F.2d 1263 (7th Cir. 1983); Logan v. Shealy, 660 F.2d 1007 (4th Cir. 1981), cert denied, 455 U.S. 942 (1982). This consensus is buttressed by valid concerns for privacy, dignity, and the preservation of self-worth. See, e.g., Roberts, 239 F.3d at 110 (considering strip searches an “extreme intrusion” on personal privacy and “an offense to the dignity of the individual”) (citation omitted); Chapman v. Nichols, 989 F.3d 393, 396 (10th Cir. 1993) (“It is axiomatic that a strip search represents a serious intrusion upon personal rights.”); Mary Beth G., 723 F.2d at 1272 (7th Cir. 1983) (considering strip searches “demeaning, dehumanizing, undignified, embarrassing and repulsive”); see also, O’Brien, 679 F. Supp. at 434 (D.N.J. 1988) (describing strip/body cavity searches of plaintiffs for disorderly offenses as humiliat[ing] and degrad[ing]”). In short, a clear consensus demonstrates that these searches are undignified and unconstitutional.