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: Fla. Dist. Ct. App. | Date Filed: 2010-11-17T00:00:00-08:00

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

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

Jenkins v. State

Court: Fla. | Date Filed: 2008-03-06T00:00:00-08:00

Citation: 978 So. 2d 116

Snippet: the vehicle; and (4) the search violated section 901.211 of the Florida Statutes (2002), which governs strip… addressed whether the search violated section 901.211 of the Florida Statutes and concluded that pulling…search of Jenkins violated the provision of section 901.211 requiring that "[e]ach strip search . . . … strip search. Id. at 29 & n. 2 (quoting § 901.211(3), Fla. Stat.). With regard to application of …exclusionary rule does not apply to violations of section 901.211 because "the legislature explicitly addressed

Rumore v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-28T00:00:00-08:00

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…inapplicable in the context of violations of section 901.211. See Laster v. State, 933 So.2d 41, 42 (Fla. 2d

Perry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2007-11-07T00:00:00-08:00

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…authorization of the supervising officer on duty. § 901.211(5), Fla. Stat. (1997). “A strip search conducted…the statutory requirements set forth in section 901.211, in essence, establishes police misconduct and …prove that the deputies complied ’ with section 901.211(5), it failed to prove that they were acting “in

Laster v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-05-12T00:53:00-07:00

Citation: 933 So. 2d 41

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

Jenkins v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2006-01-24T23:53:00-08:00

Citation: 924 So. 2d 20

Snippet: Requirements of Section 901.211 (a) The Statutory Provisions Section 901.211 provides: (1) As used in… the police violated the provisions of section 901.211, Florida Statutes (2003), regarding the performance…reasonable and (2) the requirements of section 901.211 concerning the performance of strip searches. …otherwise. Nor does the State suggest that section 901.211 is inapplicable due to the circumstance that Jenkins…searches of "an arrested person," see § 901.211(1), in this context "arrested" should

Perry v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-04-30T00:53:00-07:00

Citation: 846 So. 2d 584

Snippet: search was performed in compliance with section 901.211(5), Florida Statutes (1997). This section, which…followed the statutory requirements of section 901.211. Deputy Enrique testified that he did not personally…even if the search did not comply with section 901.211, Florida Statutes, the trial court properly denied…strip searches of persons arrested in Florida. § 901.211, Fla. Stat.; D.F. v. State, 682 So.2d 149, 153 …the statutory requirements set forth in section 901.211, in essence, establishes police misconduct and

Irons v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-29T00:53:00-07:00

Citation: 787 So. 2d 975

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

State v. Days

Court: Fla. Dist. Ct. App. | Date Filed: 1999-12-29T00:00:00-08:00

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…, and not a strip search. We agree. Subsection 901.211(1) defines a “strip search” as “having an arrested…that evidence. Consequently, we believe section 901.211 does not apply. We reverse the trial court’s suppression

State v. Augustine

Court: Fla. Dist. Ct. App. | Date Filed: 1998-10-02T00:53:00-07:00

Citation: 724 So. 2d 580

Snippet: related thereto," as being violative of section 901.211, Florida Statutes (1997), which provides for post-arrest…quot; It then found that no violation of section 901.211 had occurred, but that the jail's internal …the statutory requirements set forth in section 901.211, in essence, establishes police misconduct and

DF v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-01T00:53:00-07:00

Citation: 682 So. 2d 149

Snippet: Section 901.211 mandates specific procedures before a strip search may be conducted. Section 901.211 provides…constituted a clear and substantial violation of section 901.211, Florida Statutes (1993), a statute designed to… strip search was done in violation of section 901.211 in that the search was done with another inmate… his supervisor. The state does not agree that 901.211(4) was violated because the officer's strip…conceding that the search violated portions of section 901.211, the state argues that the exclusionary rule should

D.F. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1996-05-01T00:00:00-07:00

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

Snippet: Section 901.211 mandates specific procedures before a strip search may be conducted. Section 901.211 provides…constituted a clear and substantial violation of section 901.211, Florida Statutes (1993), a statute designed to… strip search was done in violation of section 901.211 in that the search was done with another inmate… his supervisor. The state does not agree that 901.211(4) was violated because the officer’s strip search…conceding that the search violated portions of section 901.211, the state argues that the exclusionary rule should

Welch v. Rice

Court: Fla. Dist. Ct. App. | Date Filed: 1994-04-29T00:53:00-07:00

Citation: 636 So. 2d 172

Snippet: subsection 901.211(5), Florida Statutes (1991), does not apply in this case. Subsection 901.211(5) requires…any protection under section 901.211, also holds that subsection 901.211(5), *174 requiring the written…unlawfully strip searched in violation of section 901.211, Florida Statutes (1991).[2] She contended that…she was immune from such a search by subsection 901.211(2) which prohibits, with some exceptions not applicable… supervising officer as required by subsection 901.211(5). On April 23, 1993, the trial court entered

Rankin v. Colman

Court: Fla. Dist. Ct. App. | Date Filed: 1985-08-29T00:00:00-07:00

Citation: 476 So. 2d 234

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