Whether to strip search a detainee in New Jersey is guided by N.J.S.A. 2A:161A-1, which has been promulgated by the Attorney General’s Guidelines under the title, “Strip Search and Body Cavity Search Requirements and Procedures for Police Officers.” See, http://www.state.nj.us/lps/dcj/agguide/stripout.htm
Under New Jersey Law, notwithstanding the Florence decision it is still illegal for a police officer without consent of the individual, or a judicial warrant to conduct a strip search or body cavity search on unless the commanding officer has reasonable suspicion to believe that the person is concealing a weapon, contraband or controlled dangerous substance.
Therefore, the Florence case decided by the United States Supreme Court should not raise fear of New Jersey residences and visitors since New Jersey affords its residences and visitors’ greater protections under state law than federal law.
If Mr. Florence arrested in New Jersey had made a claim under New Jersey state law instead of federal law his claims against the jailers who required him to strip search would have survived summary judgment, and that claim would have been decided by a jury.
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