Florida Statute 901.211 | Lawyer Caselaw & Research

The 2024 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.

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 Citing Statute 901.211

Total Results: 14

State v. Fernandez

Court: District Court of Appeal of Florida | Date Filed: 2010-11-17

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

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

Jenkins v. State

Court: Supreme Court of Florida | Date Filed: 2008-03-06

Citation: 978 So. 2d 116, 2008 WL 596782

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

Rumore v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-11-28

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

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

Perry v. State

Court: District Court of Appeal of Florida | Date Filed: 2007-11-07

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

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

Laster v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-05-12

Citation: 933 So. 2d 41, 2006 WL 1301455

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

Jenkins v. State

Court: District Court of Appeal of Florida | Date Filed: 2006-01-25

Citation: 924 So. 2d 20, 2006 WL 167672

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

Perry v. State

Court: District Court of Appeal of Florida | Date Filed: 2003-04-30

Citation: 846 So. 2d 584, 2003 WL 1969095

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

Irons v. State

Court: District Court of Appeal of Florida | Date Filed: 2001-06-29

Citation: 787 So. 2d 975, 2001 WL 726221

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

State v. Days

Court: District Court of Appeal of Florida | Date Filed: 1999-12-29

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

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

State v. Augustine

Court: District Court of Appeal of Florida | Date Filed: 1998-10-02

Citation: 724 So. 2d 580, 1998 WL 786173

Snippet: related thereto," as being violative of section 901.211, Florida Statutes (1997), which provides for post-arrest

D.F. v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-05-01

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

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

DF v. State

Court: District Court of Appeal of Florida | Date Filed: 1996-05-01

Citation: 682 So. 2d 149, 1996 WL 210135

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

Welch v. Rice

Court: District Court of Appeal of Florida | Date Filed: 1994-04-29

Citation: 636 So. 2d 172, 1994 WL 151368

Snippet: subsection 901.211(5), Florida Statutes (1991), does not apply in this case. Subsection 901.211(5) requires

Rankin v. Colman

Court: District Court of Appeal of Florida | Date Filed: 1985-08-29

Citation: 476 So. 2d 234, 10 Fla. L. Weekly 2056

Snippet: of Chapter 81-313, Laws of Florida, 1981, (Sec. 901.211, Fla. Stat. (1981)) strip searches of persons arrested