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Florida Statute 901.211 | Lawyer Caselaw & Research
F.S. 901.211 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 901.211

The 2023 Florida Statutes (including Special Session C)

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS
Chapter 901
ARRESTS AND TEMPORARY DETENTIONS
View Entire Chapter
F.S. 901.211
901.211 Strip searches of persons arrested; body cavity search.
(1) As used in this section, the term “strip search” means having an arrested person remove or arrange some or all of his or her clothing so as to permit a visual or manual inspection of the genitals; buttocks; anus; breasts, in the case of a female; or undergarments of such person.
(2) No person arrested for a traffic, regulatory, or misdemeanor offense, except in a case which is violent in nature, which involves a weapon, or which involves a controlled substance, shall be strip searched unless:
(a) There is probable cause to believe that the individual is concealing a weapon, a controlled substance, or stolen property; or
(b) A judge at first appearance has found that the person arrested cannot be released either on recognizance or bond and therefore shall be incarcerated in the county jail.
(3) Each strip search shall be performed by a person of the same gender as the arrested person and on premises where the search cannot be observed by persons not physically conducting or observing the search pursuant to this section. Any observer shall be of the same gender as the arrested person.
(4) Any body cavity search must be performed under sanitary conditions.
(5) No law enforcement officer shall order a strip search within the agency or facility without obtaining the written authorization of the supervising officer on duty.
(6) Nothing in this section shall be construed as limiting any statutory or common-law right of any person for purposes of any civil action or injunctive relief.
History.s. 2, ch. 81-313; s. 171, ch. 83-216; s. 1, ch. 83-254.

F.S. 901.211 on Google Scholar

F.S. 901.211 on Casetext

Amendments to 901.211


Arrestable Offenses / Crimes under Fla. Stat. 901.211
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 901.211.



Annotations, Discussions, Cases:

Cases from cite.case.law:

DE VELOZ v. MIAMI- DADE COUNTY,, 255 F. Supp. 3d 1222 (S.D. Fla. 2017)

. . . negligent hiring and retention against the Public Health Trust (Count XHI); one count of violating Section 901.211 . . .

FLORENCE v. BOARD OF CHOSEN FREEHOLDERS OF COUNTY OF BURLINGTON, 566 U.S. 318 (U.S. 2012)

. . . . § 901.211(2) (2010) (similar); Mich. Comp. Laws Ann. § 764.25a(2) (West 2000) (similar); Wash. . . .

KASTRITIS, R. v. CITY OF DAYTONA BEACH SHORES, R. v. R., 835 F. Supp. 2d 1200 (M.D. Fla. 2011)

. . . . § 901.211, an officer conducts a “strip search” of an arrested person by having that individual “remove . . . Stat. § 901.211 (emphasis added). . . . Id. at 901.211(2)(a)-(b). . . . Id. at 901.211(3), (5) (emphasis added). . . . Stat. § 901.211(l)(a), (3). . . .

STATE v. FERNANDEZ,, 50 So. 3d 37 (Fla. Dist. Ct. App. 2010)

. . . ) (finding the exclusionary rule is not a remedy for violation of a “strip search” statute, section 901.211 . . .

BROWN, v. SHORT,, 729 F. Supp. 2d 125 (D.D.C. 2010)

. . . . § 901.211(1) (West 2009); 725 III. Comp. . . .

JENKINS, v. STATE, 978 So. 2d 116 (Fla. 2008)

. . . The Second District then addressed whether the search violated section 901.211 of the Florida Statutes . . . Id. at 29 & n. 2 (quoting § 901.211(3), Fla. Stat.). . . . “the legislature explicitly addressed the issue of remedies in section 901.211(6) but failed to make . . . subsection (2) refers only to “traffic, regulatory, or misdemeanor of-fensefs].” § 901.211(2), Fla. . . . On the other hand, section 901.211(6) makes explicit reference to civil and injunctive remedies. . . . majority that the search of Jenkins under the facts and circumstances of this case did not violate section 901.211 . . . Section 901.211 requires that the police do more than just prevent body parts from being exposed. . . . Instead the police violated section 901.211 and subjected Jenkins to a degrading, embarrassing, and public . . . majority also concludes that exclusion of the evidence is not a proper remedy for a violation of section 901.211 . . .

RUMORE, v. STATE, 969 So. 2d 551 (Fla. Dist. Ct. App. 2007)

. . . Rumore’s person was reasonable under the Fourth Amendment but unlawful under section 901.211, Florida . . . search suppressed because the exclusionary rule is inapplicable in the context of violations of section 901.211 . . .

PERRY, v. STATE, 968 So. 2d 70 (Fla. Dist. Ct. App. 2007)

. . . Section 901.211, Florida Statutes (1997), governs strip searches and “codifies minimum acceptable standards . . . agency or facility without obtaining the written authorization of the supervising officer on duty. § 901.211 . . . “A strip search conducted in violation of the statutory requirements set forth in section 901.211, in . . . Because the state failed to prove that the deputies complied ’ with section 901.211(5), it failed to . . .

LASTER, v. STATE, 933 So. 2d 41 (Fla. Dist. Ct. App. 2006)

. . . to the United States Constitution but was unlawful under the Florida Strip Search statute, section 901.211 . . .

JENKINS, v. STATE, 924 So. 2d 20 (Fla. Dist. Ct. App. 2006)

. . . Jenkins contends that the police violated the provisions of section 901.211, Florida Statutes (2003), . . . (a) The Statutory Provisions Section 901.211 provides: (1) As used in this section, the term “strip . . . Nor does the State suggest that section 901.211 is inapplicable due to the circumstance that Jenkins . . . [his] buttocks.” § 901.211(1). . . . See § 901.211(6). But this is not a material distinction. . . .

PERRY, v. STATE, 846 So. 2d 584 (Fla. Dist. Ct. App. 2003)

. . . duty” in that it presented no proof that the strip search was performed in compliance with section 901.211 . . . was sufficient to support a finding that the deputy followed the statutory requirements of section 901.211 . . . The state further argues that even if the search did not comply with section 901.211, Florida Statutes . . . of conduct for law enforcement officers conducting strip searches of persons arrested in Florida. § 901.211 . . . “A strip search conducted in violation of the statutory requirements set forth in section 901.211, in . . .

J. IRONS, v. STATE, 787 So. 2d 975 (Fla. Dist. Ct. App. 2001)

. . . We find that any violation of section 901.211 was de minimis. . . .

AMAECHI, v. WEST, R., 237 F.3d 356 (4th Cir. 2001)

. . . . § 901.211 (West 1996); Iowa Code Ann. § 702.23 (West 1993), we find state law persuasive on our interpretation . . .

STATE v. DAYS,, 751 So. 2d 87 (Fla. Dist. Ct. App. 1999)

. . . At the suppression hearing, Days argued that the police violated section 901.211, Florida Statutes (1997 . . . Subsection 901.211(1) defines a “strip search” as “having an arrested person remove or arrange some or . . . Consequently, we believe section 901.211 does not apply. . . .

STATE v. J. AUGUSTINE,, 724 So. 2d 580 (Fla. Dist. Ct. App. 1998)

. . . during that search, and any [of his] statements ... related thereto,” as being violative of section 901.211 . . . It then found that no violation of section 901.211 had occurred, but that the jail’s internal policy . . . A strip search conducted in violation of the statutory requirements set forth in section 901.211, in . . .

D. F. a v. STATE, 682 So. 2d 149 (Fla. Dist. Ct. App. 1996)

. . . have been suppressed because the strip search constituted a clear and substantial violation of section 901.211 . . . Section 901.211 mandates specific procedures before a strip search may be conducted. . . . Section 901.211 provides: (1)As used in this section, the term “strip search” means having an arrested . . . The state concedes that the strip search was done in violation of section 901.211 in that the search . . . The state does not agree that 901.211(4) was violated because the officer’s strip search did not include . . . is the proper remedy when evidence is obtained from a search that violates the provisions of section 901.211 . . . requirements related to strip searches where the search was undertaken with probable cause under section 901.211 . . . Section 901.211, Florida Statutes (1993), provides: "(1) As used in this section, the term 'strip search . . .

WELCH, v. S. RICE, a, 636 So. 2d 172 (Fla. Dist. Ct. App. 1994)

. . . We reverse because the trial court erred in finding that subsection 901.211(5), Florida Statutes (1991 . . . Subsection 901.211(5) requires the written authorization of a supervising officer to conduct a strip . . . She contended that she was immune from such a search by subsection 901.211(2) which prohibits, with some . . . was conducted without the written authorization of a supervising officer as required by subsection 901.211 . . . On April 23, 1993, the trial court entered summary judgment in Rice’s^ favor, holding that section 901.211 . . .

JUSTICE, v. CITY OF PEACHTREE CITY, a a, 961 F.2d 188 (11th Cir. 1992)

. . . . § 901.211. . . .

RANKIN, v. G. COLMAN,, 476 So. 2d 234 (Fla. Dist. Ct. App. 1985)

. . . By virtue of Chapter 81-313, Laws of Florida, 1981, (Sec. 901.211, Fla.Stat. (1981)) strip searches of . . .