what can b done when a male officer search a female detainee.?
on this past fri,i was pulled over by 2 male officers. i am female.i was pulled over at my fiance job.anyway one of the male officers ordered me to the back of the police where he made me spread eagle, and proceeded to search me. this was done in front of several people because they were getting off work for the day.my question is; is it leagle for a male officer to search or even pat down a female detainee.i felt very humilated and violated.there was no probable cause.they patted me down but never went in my pocket to see what,if anything was in my possesion.they never searched the truck of my purse.so i ask once again is this leagle. were my human rights violated and was my 4th and 14th amenments violated.what can be done about violations of this degree. I do plan to file complaints with internal affairs.what are my options.10 points for best answer. only serious answers no point seekers please. this is serious.
2008-04-06T11:40:58Z
they pulled me over for expired tags.my truck failed inspection and suspended driv. lic.i was not speeding,not drink&drive,&no drugs.there was not probable cause to search.How can you search back pockets when there are none.please have actual facts or knowledge of the subject before answering this question.
Anonymous2008-04-06T11:27:39Z
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There are absolutely no laws prohibiting a male officer from searching a female prisoner. Most cops are male and some depts don't even have female cops, or maybe only a few, who may not even be working. Should they not arrest women then? think your questions through.
As far as probable cause, they don't need it. You can be patted down for offier safety during the course of any investigation. probable cause is really irrlevant.
An officer is not going to search you simply because you are a female, nice try. They will usually call a female for more invasive searches, but if the situation calls for it, you will be searched as neccessary. File all the complaints you want. Odds are the officers where 100% correct and the Dept will tell you that.
I search females almost daily. I am a trained professional and there is nothing inappropiate about searching a female incident to any investigation. Its done thousands of times a day throughout the US. If a female Officer is available, I will defer to her, not out of any rules or laws, but to save the aggravation of false compalaints from people like you. I will not, however, not search you for weapons that could be used against me, simply because you happen to be female.
My advice, don't do anything that warrants Police interaction and you will not have to sweat this issue. Once you get involved in a criminal matter or otherwise, LOTS of unpleasant things can and will happen that are embarassing to you.
It is very legal for a male officer to search a female detainee. Think about it what did the cops do in the old days??
However, some departments have policy on this issue. The department I worked for required that the search be conducted in the view of others. This doesn’t mean near your boy friend, just other officers. I searched plenty of guys; I didn't like it but had too. My safety was more important than how the detainee felt.
Your human rights were not violated at all. Had you stated the reason for the stop we might have a clearer understanding of the stop. What happened during the stop besides the pat down??
Sorry to say, sounds like the COPS were doing there job!
The traffic stop was very legal. Driving with no registration equals a citation. They have to pull you over to give you one, right?
Also when they pulled you over you were driving without a license. Here is the law for you; Driving When Privilege Suspended or Revoked Upon a first conviction, by imprisonment in a county jail for not less than five days or more than six months and by a fine of not less than three hundred dollars ($300) or more than one thousand dollars ($1,000).
So it sounds like you got arrested. A pat down search is required for all arrest, regardless if you are going to be cited and release.
The cops did their job right. Sorry.
Edit 2_---------------------
When it comes to back pockets, even if you are wearing tight pants there can be hypodermic needles or contraband which against the law to have (Terry search). So a back pocket sweep is ok.
Terry vs. Ohio is a case law, i.e. Terry Search. Click this link to understand why it is allowed. http://www.essortment.com/all/terryohiostop_rorf.htm
I have a QUESTION TO ALL OFFICERS HERE MALE AN FEMALE!!! so when a female detainee asks for a feminine product, What would you do? Because last night my Daughter In-law requested one an they refused to get or give her one. Now not only was she embarrassed by this being ALL MALE OFFICCERS, but covered in blood...PRETTY FREAKING GROSS!!! SHE IS TRAUMATIZED OVER IT... I have notified the Captain of this Department... And to Top it off they INTAGONIZED MY SON, I know hes no ANGEL (FAR FROM) but WHAT GIVES THEM THE RIGHT ? THAT BADGE? NOW I HAVE HIRED A LAWYER DUE TO I WILL HAVE ALL VIDEO AN AUDIO AN IF I DONT GET IT I WILL GO TO THE NATIONAL NEWS!!!! THIS IS NOT A 3RD WORLD COUNTRY THIS IS AMERICA AN MIRANDA RIGHTS WERE NEVER READ FOR ANY OF THE 4 THAT WERE ARRESSTED ...ALL I CAN SAY IS THANK GOD FOR VIDEO AN AUDIO...I WILL SELL MY SOUL TO THE DEVIL TP PROVE A PUNK COP!!! AN MY DADDY WAS AN OFFICER IN SPFLD,MASS ( GOD REST HIM) A BADGE AN A GUN DOESNT MAKE YOU A MAN OR A GOOD COP
Okay, here goes. Yes a male officer may pat down or search a female suspect, even in public. That is providing he does not grope for sexual pleasure. He may not perform a search that requires going inside the bra or panties. That must be done by a female officer in a secured area, free from public eyes. Your rights were not violated by the search. Your rights may have been violated by the stop itself, you do not mention what you were stopped for. Where you were going is not relevant, to work. The neighborhood, time of day, reason for the stop, are all relative, along with any past history you might have.