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Lstd302 Case Brief

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Submitted By punkygrrl2004
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Legal Case Brief



Professor Tamara Herdener

October 25, 2015
Case Citation: Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. ___(2012).

Parties: Albert W. Florence, Plaintiff/Appellant Board of Chosen Freeholder of County of Burlington, Defendant/Appellee

Facts: Albert Florence was arrested for an outdated warrant. Upon his arrest he was taken to the Burlington County Detention Center where he was subject to a strip search. He remained there for six days and then was transferred to the Essex county facility where he was subjected to another strip search and a visual body cavity search. Florence contends that these searches violated his Fourth and Fourteenth Amendment since he was arrested for a minor offense.

Procedural History: In 1998, Albert Florence was arrested for fleeing from police officers in Essex County and was charged with obstruction of justice and use of a deadly weapon. He took a plea deal where he pleaded guilty and his charges where reduced to two lesser offenses. He was sentenced to pay a fine in monthly installments but he failed to keep up with the monthly payments. Not only did he fall behind in his monthly payments but he also failed to appear at an enforcement hearing in which caused him to have a warrant issued for his arrest. Florence paid for the outstanding balance but the warrant was never updated and remained in the database. A state trooper stopped Florence in New Jersey and arrested him after he checked the statewide computer database system and found a bench warrant for his arrest. At the detention center, he was required to shower with a delousing agent and was checked for scars, marks, gang tattoos and contraband, as he was undressed. After being there for six days, he was transferred to the Essex County Correctional Facility where he was once again searched for...

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