strip search

Issues

Petitioner Albert Florence was arrested on an outdated bench warrant for a non-indictable offense and was subjected to “strip searches” in two separate prison facilities. Florence sued both facilities, alleging that their blanket policies of strip searching all detainees, regardless of their offense, violates the Fourth Amendment. The United States Court of Appeals for the Third Circuit reversed a District Court opinion, holding that the policies in this case did not violate the Fourth Amendment. Florence argues that the Fourth Amendment protects detainees from suspicionless strip searches when less intrusive alternatives better serve penological interests. The Respondents contend that the prison context diminishes the Fourth Amendment’s privacy expectation, and that the privacy expectation is outweighed by the security interest promoted by blanket strip searches. The decision in this case could affect prison security, the psychological wellbeing of detainees, and the future volume of prison litigation.

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Issues

Safford middle school officials strip-searched thirteen-year-old Savana Redding, seeking prescription-strength ibuprofen pills based on uncorroborated information from another student that Savana possessed ibuprofen in an unspecified time and location. This case concerns whether the school violated Redding's Fourth Amendment right to be free from unreasonable searches and, if so, whether qualified immunity shields the school officials from liability. After a District Court and a Ninth Circuit panel found the search to be lawful, the Ninth Circuit reheard the case en banc; it reversed and held that qualified immunity did not protect the school official who ordered the search. Petitioners Safford Unified School District #1, et al. argue that the search was reasonable given the fellow student's tip and the threat of prescription drug abuse, but that even if it was not, school officials must have qualified immunity so they are free to exercise their judgment regarding drug abuse in schools. They argue that a decision in Respondent's favor would hamper school officials' ability to respond in the face of threats to student safety in school. Respondent April Redding argues that a strip search was unreasonable because the school lacked any indication that Savana had pills hidden in her undergarments, and that the school officials should be held responsible. She argues that a decision for Petitioner would enable school officials to conduct highly invasive searches based on only minimal, vague suspicion. This case promises guidance both to school officials seeking to carry out their duties effectively without violating students' rights and to lower courts responsible for assessing school officials' conduct.

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