American Civil Liberties Union

Yesterday a divided Supreme Court ruled in Florence v. Burlington that any person arrested can be subject to a strip search — even for a minor offense or traffic violation — without any reason to suspect that they may be carrying a weapon or contraband.

As disturbing as the practice of subjecting people accused of minor offenses to degrading strip searches is, it wouldn’t be a problem if those people weren’t thrown behind bars in the first place. Unfortunately, U.S. jails are full of people accused of minor, nonviolent crimes. One such person was Albert Florence, a 35-year-old Black man erroneously arrested in 2005 for failing to pay a traffic fine he had already paid — and whose experience is the center of the case decided by the Court.

The ACLU told the U.S. Supreme Court today that warrantless blood tests of drunken driving suspects should not be allowed, especially when a search warrant could be obtained in a timely fashion.

The ACLU represents Tyler McNeely, the respondent in the case, Missouri v. McNeely. He was pulled over in Cape Girardeau, Missouri, in 2010 on suspicion of drunk driving. After refusing a field sobriety test, he was taken to a local hospital where blood was forcibly drawn to obtain a sample to test his blood-alcohol content. The arresting officer did not obtain a warrant prior to the blood draw. Two Missouri courts later ruled the blood evidence could not be used against McNeely.

Last week the Ninth Circuit Court of Appeals said it would rehear the ACLU of Northern California's lawsuit challenging a California law that mandates that DNA is collected from anyone arrested on suspicion of a felony.