Tuesday, April 03, 2012

Strip Searches decision from Supreme Court

The country is abuzz with the recent Supreme Court case Florence v. Burlington. (It's actually Florence v. Board of Chosen Freeholders of County or Burlington, but...) The decision makes it legal to perform strip searches when any person is taken into custody, regardless of the circumstances.
In Massachusetts, the standard remains that probable cause must be present before strip searches (removing all clothing) and visual body cavity searches can be conducted. Cases cited include Com. v. Prophete, Com. v. Thomas, and Com. v. Ramirez.
Check our page on Criminal Law, and don't forget to download the Massachusetts Guide to Evidence eBook to your phone or tablet.