Case Citation: Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. (2012).
Parties: Albert W. Florence, Plaintiffs / Appellants
Board of Chosen Freeholders of County of Burlington, Defendant / Appellee
Facts: Albert W. Florence was arrested in Burlington County due to an outstanding warrant issued by Essex County. While in processing both county jails Florence was subject to a complete and thorough strip search before being admitted to both of the jails, Florence believes that the search violated his Fourth and Fourteenth Amendment Rights.
Procedural History: Appellants filed suit in U.S. District Court which ruled that the Appellants Constitutional rights were violated. Officials from both Burlington and Essex County Appealed
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Not searching detainees who are not arrested for serious crimes, drug and weapon charges is not practical because the crime itself is not a sufficient indictor to determine if contraband would be found on their person. Additionally, being detained for a minor offense does not mean that the offender cannot be a dangerous criminal who is already wanted on a more serious or violent crime.
3. Contraband is more than drugs and weapons, contraband is any item that the jail determines that is unauthorized for an inmate to possess, and there are numerous legal everyday items that can be a threat to the security of the jail if it was introduced into the facility. Detainees who are considered low risk and exempt from more thorough searches may be pressured by others who wish to smuggle in contraband into the jail.
4. Strip searches allow prison officials to screen new inmates for evidence of communicable type diseases and infections. By the removal of clothing the official can validate that the inmates are free from wounds and injuries or may be able to identify conditions that require medical attention. Visual inspections of tattoos and other marking may help to identify detainees who may be associated with a
Procedure: D was arrested on an outstanding bench warrant, brought a 1983 class statute. D states that invasive searches were conducted before he entered the jail which violated his 4th A rights. TC granted summary judgment, Appeals reversed, US SC held that strip searches were not reas.
Sumter County School District 17 Plaintiff-Appellant, v. Joseph Heffernann, on behalf of his son TH; May Baire, on behalf of her son TH Defendants-Appellees. United States Court of Appeals for the Fourth Circuit. (No. 09-1921)
In the case of Greene’s Jewelry located in Derry, New Hampshire. v. Jennifer Lawson (Known as The Defendant).
ISSUES -- Does the plaintiff deserved to be heard at a trial by a jury? Did the trial court acted righteously by dismissing the case in pretrial hearing? Did this decision damaged the plaintiff?
Procedural History: U.S. District Court for the Western District of Virginia granted judgment in favor of defendants. U.S. Court of Appeals for the Fourth Circuit affirmed, holding that the respondents’ refusal to pay the
There are crimes every single day in the United States. Some people are arrested for certain reasons. Those reasons may not always be clear, but due to the Fourth, Fifth, and Sixth Amendments, an individual is able to know his or her rights to better understand the arrest and the trial that is to come.
Florence v. Board of Chosen Freeholders of County of Burlington was discussed October 12th of 2011 and concluded April 2nd of the following year.
The three gravest threats to officer safety: First inmates provide a direct source of stress
Florence v. Board of Chosen Freeholders of County of Burlington --- U.S. --- (2012) Decided April 2, 2012
Hello Cory, the introduction of contraband into correctional facilities is dangerous and counterintuitive to the rehabilitation of the inmates. Moreover, as you stated the addition of cellular devices as contraband increases the inmates’ ability to violate the law from inside the facility (C. Mathis, personal communication, January 3, 2018). Although new procedures to combat the influx of contraband is helpful, inmates find new ways to circumvent other procedures. So, it is likely that the introduction of contraband into penal facilities will never completely stop. But, improving certain factors would assist in lessening the flow of illegal items and actions in jails via written and unwritten procedures (Bohm, & Haley, 2014).
Does the policy of strip searching impede on the Fourth and Fourteenth Amendment rights of individuals as outlined in the United States Constitution? In Florence v. Board of Chosen Freeholder of County of Burlington et al this question arises when the petitioner was stopped at a traffic stop, and upon a database search it was discovered he had an outstanding warrant for his arrest to due to failure to pay a fine. The petitioner was sent to Burlington County Correctional Facility and Essex County Correctional Facility, both of which he was strip searched upon arrival. Petitioner submits that detainees held for minor offenses should not be subject to humiliating strip searches. Summary Judgement was
I agree that prison staff and visitors need to be searched. The reference made by Peter Esbrandt of how “prison itself is a sterile environment” is a fact. Prison was not designed with placement of contraband within the facility. Likewise, the practice of inmate’s searches slightly limit the flow of contraband. The resulting possibility of contraband introduction from outside sources (visitors and/or prison staff) is high. The general population of citizens and prison staff are law-abiding individual, however there are one or two individuals who break the rules for their benefits. According to Baynes, “…from experience that some staff, albeit a small number can be corrupted, and have been used to bring all sorts of contraband into prisons
When contemplating the flow of contraband into a correctional facility, there are numerous avenues to consider when attempting to diminish this concern. For instance, correctional officers may search inmate cells, oversee personal visits, and utilize informants to reduce the introduction of contraband into facilities (Bohm, & Haley, 2014). While it is true that inmates create their own contraband inside facilities, and that contraband passed to them via acquaintances how are inmates able to receive contraband while in facilities? Well, personal introduction via visitations, trustee details, reception of mail, usage of cell phones and illegal actions of correction officers.
Each day in America, some of the most innovative minds are kept sealed in a box up to twenty-three hours a day, receiving only the minimum of basic human needs. Inmates have become some of the most notoriously ingenious visionaries in the modern world. From smuggling components into a facility to creating weapons made from paper, these individuals are constantly finding new ways to exploit the system to their benefit. Though there is seemingly an infinite amount of different types of contraband, the most commonplace items seized are drugs, tattooing equipment, electronics, and weapons. Contraband, as defined by US Legal, refers to property that is illegal to possess or transport. The Arizona Revised Statues define the
This was a real-life scenario lived by Amra Miletic, a 47-year-old Bosnian woman at the Weber County Correctional Facility in Ogden, Utah. In this particular case, the detention center was non-compliant with two standards for medical care: Section (II)(2) and Section (III)(D). Section (II)(2) states that facilities are to provide their population of detainees with initial medical screening, cost-effective medical care, and emergency care. Section (III)(D) states that every new arrival shall receive immediate medical and mental health screening. Health appraisals and physical examinations are to occur within two weeks of arrival (American Civil Liberties Union 8).