The Federalist Society

Florence v. Board of Chosen Freeholders - Post-Decision SCOTUScast

SCOTUScast 04-06-12 featuring Sarah Hart

April 6, 2012

Sarah V. Hart

To listen, please right click on the audio file you wish to hear and then select "Save Link As..." or "Save Target As..." After you save the audio file to your computer, you can then listen to it in your audio player of choice.

  Florence v. Board of Chosen Freeholders - Post-Decision SCOTUScast - MP3
Running Time: 00:13:00

Sarah HartOn April 2, 2012 the Supreme Court announced its decision in Florence v. Board of Chosen Freeholders. The question in this case was whether the Fourth Amendment permits the government to conduct a visual strip search of any person who is admitted to jail, even when there is no reasonable basis for suspecting that the person has hidden weapons or contraband.

In an opinion delivered by Justice Kennedy, the Court held by a vote of 5-4 that the government may conduct a visual strip search of any person who is to be admitted to the general population of a jail.  The Chief Justice, as well as Justices Scalia and Alito, joined Justice Kennedy’s opinion in full.  Justice Thomas joined that opinion as to all except Part IV.  The Chief Justice and Justice Alito also wrote separate concurring opinions.  Justice Breyer filed a dissenting opinion, which was joined by Justices Ginsburg, Sotomayor and Kagan.

To discuss the case, we have Sarah Hart, who is a prosecutor in Philadelphia.

[Return to the SCOTUScast menu]

Related Links

Opinion - April 2, 2012 (PDF)
Oral Argument Transcript - October 12, 2011 (PDF)
Florence v. Board of Chosen Freeholders - Post-Argument SCOTUScast

The Federalist Society