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Fla. Stat. § 901.211 (2025)

Strip searches of persons arrested; body cavity search.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 30 cases (10 in the last 5 years), 1994–2026 · leading case: Jenkins v. State, 978 So. 2d 116 (Fla. 2008).
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Jenkins v. State, 978 So. 2d 116 (Fla. 2008). · cites it 25× “§ 901.211, Fla. Stat. (2005). As noted in footnote one, the State disputes whether section 901.”
Jenkins v. State, 924 So. 2d 20 (Fla. 2d DCA 2006). · cites it 26× “Jenkins contends that the police violated the provisions of section 901.211, Florida Statutes (2003), regarding the performance of strip searches, as well as his constitutional right of privacy.”
Florence v. Bd. of Chosen Freeholders of Cnty. of Burlington, 132 S. Ct. 1510 (2012). · cites it 2× “§40–7– 119 (2006) (similar); Colo. Rev. Stat. Ann. §16–3–405(1) (2011) (no strip search absent individualized suspicion unless person has been arraigned and court orders that suspect be detained); Fla.”
Perry v. State, 846 So. 2d 584 (Fla. 4th DCA 2003). · cites it 9× “§ 901.211, Fla. Stat.; D.F. v. State, 682 So.”
Kastritis v. City of Daytona Beach Shores, 835 F. Supp. 2d 1200 (M.D. Fla. 2011). · cites it 6× “According to Fla. Stat. § 901.211 , an officer conducts a “strip search” of an arrested person by having that individual “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; breast, in the case of a…”
D.F. v. State, 682 So. 2d 149 (Fla. 2d DCA 1996). · cites it 17× “We conclude that the cocaine obtained as the result of an unlawful strip search should have been suppressed because the strip search constituted a clear and substantial violation of section 901.211, Florida Statutes (1993), a statute designed to regulate police conduct.”
Welch v. Rice, 636 So. 2d 172 (Fla. 2d DCA 1994). · cites it 10× “On June 17, 1992, Welch filed a complaint against Pinellas County and Rice, as Sheriff of Pinellas County, [1] alleging that she had been unlawfully strip searched in violation of section 901.211, Florida Statutes (1991).”
Lisa Amaechi v. Matthew West, & Bernard R. Pfluger Town of Dumfries, 237 F.3d 356 (4th Cir. 2001). “§ 54-33k (West 1994); Fla. Stat. Ann. § 901.211 (West 1996); Iowa Code Ann.”
State v. Augustine, 724 So. 2d 580 (Fla. 2d DCA 1998). · cites it 4× “related thereto," as being violative of section 901.211, Florida Statutes (1997), which provides for post-arrest strip and body cavity searches.”
Brown v. Short, 729 F. Supp. 2d 125 (D.D.C. 2010). “§ 54-33k ( West 2009 ); Fla. Stat. Ann. § 901.211 (1) (West 2009); 725 III.”
State v. Days, 751 So. 2d 87 (Fla. 2d DCA 1999). · cites it 4× “At the suppression hearing, Days argued that the police violated section 901.211, Florida Statutes (1997), which regulates strip searches of arrested persons, because the police allegedly conducted the search within public view, and because the officers did not get prior written…”
Perry v. State, 968 So. 2d 70 (Fla. 4th DCA 2007). · cites it 6× “Section 901.211, Florida Statutes (1997), governs strip searches and “codifies minimum acceptable standards of conduct for law enforcement officers conducting strip searches in Florida.”
Show all 30 citing cases →
— 901.211(1) — 2 cases
Jenkins v. State, 924 So. 2d 20 (Fla. 2d DCA 2006). “Jenkins contends that the police violated the provisions of section 901.211, Florida Statutes (2003), regarding the performance of strip searches, as well as his constitutional right of privacy.”
State v. Days, 751 So. 2d 87 (Fla. 2d DCA 1999). “At the suppression hearing, Days argued that the police violated section 901.211, Florida Statutes (1997), which regulates strip searches of arrested persons, because the police allegedly conducted the search within public view, and because the officers did not get prior written…”
— 901.211(2) — 6 cases
Jenkins v. State, 978 So. 2d 116 (Fla. 2008). “§ 901.211, Fla. Stat. (2005). As noted in footnote one, the State disputes whether section 901.”
Jenkins v. State, 924 So. 2d 20 (Fla. 2d DCA 2006). “Jenkins contends that the police violated the provisions of section 901.211, Florida Statutes (2003), regarding the performance of strip searches, as well as his constitutional right of privacy.”
Welch v. Rice, 636 So. 2d 172 (Fla. 2d DCA 1994). “On June 17, 1992, Welch filed a complaint against Pinellas County and Rice, as Sheriff of Pinellas County, [1] alleging that she had been unlawfully strip searched in violation of section 901.211, Florida Statutes (1991).”
D.F. v. State, 682 So. 2d 149 (Fla. 2d DCA 1996). “We conclude that the cocaine obtained as the result of an unlawful strip search should have been suppressed because the strip search constituted a clear and substantial violation of section 901.211, Florida Statutes (1993), a statute designed to regulate police conduct.”
DF v. State, 682 So. 2d 149 (Fla. 4th DCA 1996).
— 901.211(2)(a) — 3 cases
D.F. v. State, 682 So. 2d 149 (Fla. 2d DCA 1996). “We conclude that the cocaine obtained as the result of an unlawful strip search should have been suppressed because the strip search constituted a clear and substantial violation of section 901.211, Florida Statutes (1993), a statute designed to regulate police conduct.”
DF v. State, 682 So. 2d 149 (Fla. 4th DCA 1996).
Hayes v. Starling (S.D. Fla. 2022).
— 901.211(3) — 1 case
Jenkins v. State, 978 So. 2d 116 (Fla. 2008). “§ 901.211, Fla. Stat. (2005). As noted in footnote one, the State disputes whether section 901.”
— 901.211(5) — 6 cases
Welch v. Rice, 636 So. 2d 172 (Fla. 2d DCA 1994). “On June 17, 1992, Welch filed a complaint against Pinellas County and Rice, as Sheriff of Pinellas County, [1] alleging that she had been unlawfully strip searched in violation of section 901.211, Florida Statutes (1991).”
Perry v. State, 846 So. 2d 584 (Fla. 4th DCA 2003). “§ 901.211, Fla. Stat.; D.F. v. State, 682 So.”
Jenkins v. State, 924 So. 2d 20 (Fla. 2d DCA 2006). “Jenkins contends that the police violated the provisions of section 901.211, Florida Statutes (2003), regarding the performance of strip searches, as well as his constitutional right of privacy.”
D.F. v. State, 682 So. 2d 149 (Fla. 2d DCA 1996). “We conclude that the cocaine obtained as the result of an unlawful strip search should have been suppressed because the strip search constituted a clear and substantial violation of section 901.211, Florida Statutes (1993), a statute designed to regulate police conduct.”
Perry v. State, 968 So. 2d 70 (Fla. 4th DCA 2007). “Section 901.211, Florida Statutes (1997), governs strip searches and “codifies minimum acceptable standards of conduct for law enforcement officers conducting strip searches in Florida.”
— 901.211(6) — 5 cases
Jenkins v. State, 978 So. 2d 116 (Fla. 2008). “§ 901.211, Fla. Stat. (2005). As noted in footnote one, the State disputes whether section 901.”
Jenkins v. State, 924 So. 2d 20 (Fla. 2d DCA 2006). “Jenkins contends that the police violated the provisions of section 901.211, Florida Statutes (2003), regarding the performance of strip searches, as well as his constitutional right of privacy.”
D.F. v. State, 682 So. 2d 149 (Fla. 2d DCA 1996). “We conclude that the cocaine obtained as the result of an unlawful strip search should have been suppressed because the strip search constituted a clear and substantial violation of section 901.211, Florida Statutes (1993), a statute designed to regulate police conduct.”
DF v. State, 682 So. 2d 149 (Fla. 4th DCA 1996).
Jane Doe v. City of Miami, Florida (S.D. Fla. 2024).
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