Florida Statute 901.211 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLVII
CRIMINAL PROCEDURE AND CORRECTIONS

Chapter 901
ARRESTS AND TEMPORARY DETENTIONS

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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.

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Amendments to 901.211

Annotations, Discussions, Cases:

Cases Citing Statute 901.211

Total Results: 17

Justice v. City of Peachtree City

961 F.2d 188, 1992 U.S. App. LEXIS 10481

Court of Appeals for the Eleventh Circuit | Filed: May 14, 1992 | Docket: 726345

Cited 81 times | Published

enforcement officers have probable cause. Fla.Stat. § 901.211. States are free to provide its residents and

Jenkins v. State

978 So. 2d 116, 2008 WL 596782

Supreme Court of Florida | Filed: Mar 6, 2008 | Docket: 1154901

Cited 20 times | Published

search the vehicle; and (4) the search violated section 901.211 of the Florida Statutes (2002), which governs

DF v. State

682 So. 2d 149, 1996 WL 210135

District Court of Appeal of Florida | Filed: May 1, 1996 | Docket: 1276246

Cited 8 times | Published

constituted a clear and substantial violation of section 901.211, Florida Statutes (1993), a statute designed

Kastritis v. City of Daytona Beach Shores

835 F. Supp. 2d 1200, 2011 U.S. Dist. LEXIS 116072, 2011 WL 4501111

District Court, M.D. Florida | Filed: May 18, 2011 | Docket: 65977907

Cited 4 times | Published

the Florida Statutes. According to Fla. Stat. § 901.211, an officer conducts a “strip search” of an arrested

Jenkins v. State

924 So. 2d 20, 2006 WL 167672

District Court of Appeal of Florida | Filed: Jan 25, 2006 | Docket: 1735947

Cited 4 times | Published

that the police violated the provisions of section 901.211, Florida Statutes (2003), regarding the performance

Perry v. State

846 So. 2d 584, 2003 WL 1969095

District Court of Appeal of Florida | Filed: Apr 30, 2003 | Docket: 713266

Cited 4 times | Published

strip search was performed in compliance with section 901.211(5), Florida Statutes (1997). This section,

State v. Augustine

724 So. 2d 580, 1998 WL 786173

District Court of Appeal of Florida | Filed: Oct 2, 1998 | Docket: 2531082

Cited 3 times | Published

. related thereto," as being violative of section 901.211, Florida Statutes (1997), which provides for

Welch v. Rice

636 So. 2d 172, 1994 WL 151368

District Court of Appeal of Florida | Filed: Apr 29, 1994 | Docket: 1715218

Cited 3 times | Published

unlawfully strip searched in violation of section 901.211, Florida Statutes (1991).[2] She contended

Irons v. State

787 So. 2d 975, 2001 WL 726221

District Court of Appeal of Florida | Filed: Jun 29, 2001 | Docket: 2537939

Cited 1 times | Published

447 (1979). We find that any violation of section 901.211 was de minimis. We decline to certify conflict

State v. Days

751 So. 2d 87, 1999 Fla. App. LEXIS 17271, 1999 WL 1259011

District Court of Appeal of Florida | Filed: Dec 29, 1999 | Docket: 64794954

Cited 1 times | Published

hearing, Days argued that the police violated section 901.211, Florida Statutes (1997), which regulates strip

de Veloz v. Miami-Dade County

255 F. Supp. 3d 1222, 2017 WL 2472562, 2017 U.S. Dist. LEXIS 87778

District Court, S.D. Florida | Filed: Jun 8, 2017 | Docket: 64314318

Published

Trust (Count XHI); one count of violating Section 901.211, Florida Statutes, against Miami-Dade County

State v. Fernandez

50 So. 3d 37, 2010 Fla. App. LEXIS 17683, 2010 WL 4628590

District Court of Appeal of Florida | Filed: Nov 17, 2010 | Docket: 2527331

Published

for violation of a "strip search" statute, section 901.211, Florida Statutes (2002)). *40 Recognizing

Rumore v. State

969 So. 2d 551, 2007 Fla. App. LEXIS 18724, 2007 WL 4181023

District Court of Appeal of Florida | Filed: Nov 28, 2007 | Docket: 64853150

Published

under the Fourth Amendment but unlawful under section 901.211, Florida Statutes (2005). However, Mr. Rumore

Perry v. State

968 So. 2d 70, 2007 Fla. App. LEXIS 17740, 2007 WL 3274326

District Court of Appeal of Florida | Filed: Nov 7, 2007 | Docket: 64853081

Published

applying Florida law governing strip searches. Section 901.211, Florida Statutes (1997), governs strip searches

Laster v. State

933 So. 2d 41, 2006 WL 1301455

District Court of Appeal of Florida | Filed: May 12, 2006 | Docket: 2508694

Published

unlawful under the Florida Strip Search statute, section 901.211, Florida Statutes (2003). However, as we held

D.F. v. State

682 So. 2d 149, 1996 Fla. App. LEXIS 4393

District Court of Appeal of Florida | Filed: May 1, 1996 | Docket: 64768652

Published

constituted a clear and substantial violation of section 901.211, Florida Statutes (1993), a statute designed

Justice ex rel. Justice v. City of Peachtree City

961 F.2d 188

Court of Appeals for the Eleventh Circuit | Filed: May 14, 1992 | Docket: 66273422

Published

enforcement officers have probable cause. Fla.Stat. § 901.211. States are free to provide its residents and