Arrest, Search, Seizure, Warrant unlawful arrest

[hallruizlove]

i am a female and i was being given a ride home by a police officer well before he started to take me home he told me he was going to make sure i had no weapons on me, well from there he searched all my pockets by placing his hands in my front pockets and back pockets he also searched up underneth my bra now correct me if im wrong a male officer is suppossed to call a female officer to the scene when doing a search of person is that right cause if it is he illegally searched me and violated me when he touched my breasts. please help me in this some people say he had the right to search me and others say he should have never touched me without calling a female to the scene

 

[NYClex]

he has the right to search you, though usually the officers for their own protection against frivolous lawsuits are encouraged to have a female officer search a female. But the officer has the right to search you for weapons and dangerous items for his own safety. He does not have the right to "fondle" you or anything that goes beyond a professional bona fide search for those items.

From what you describe he did not step over the boundary.

 

[hallruizlove]

Originally posted by hallruizlove
i am a female and i was being given a ride home by a police officer well before he started to take me home he told me he was going to make sure i had no weapons on me, well from there he searched all my pockets by placing his hands in my front pockets and back pockets he also searched up underneth my bra now correct me if im wrong a male officer is suppossed to call a female officer to the scene when doing a search of person is that right cause if it is he illegally searched me and violated me when he touched my breasts. please help me in this some people say he had the right to search me and others say he should have never touched me without calling a female to the scene

 

[Looker]

Originally posted by NYClex
he has the right to search you, though usually the officers for their own protection against frivolous lawsuits are encouraged to have a female officer search a female. But the officer has the right to search you for weapons and dangerous items for his own safety. He does not have the right to "fondle" you or anything that goes beyond a professional bona fide search for those items.

From what you describe he did not step over the boundary.

Ok I sincerely hope you are NOT an attorney.

For starters in MOST states yes it IS a requirement to have a female officer present during the search if one is unavailable a male officer is generally acceptable (NOTE 2 officers are required regardless) also if the officer indeed was groping the individual in question he should (IMO) be severely repremanded, I do have one question about the search how (palm of his hands, finger tips, back of hand) did the arresting officer search you? This is key because if he did NOT use the back of his hand there is a very good possibility that what he was going could constitute fondling and not a legit search especially if there was no second party present. I would consult a local attorney immediately.

 

[Michael Wechsler]

Even if he is, even sometimes attorneys are unclear or might not always be correct. my understanding is that officers do have a right to perform a 'pat down' which is different than a search. A search is another story.

Without commenting more just yet, what was the scenario here? Why were you being given a ride home by an officer?

Originally posted by Looker
Ok I sincerely hope you are NOT an attorney.

For starters in MOST states yes it IS a requirement to have a female officer present during the search if one is unavailable a male officer is generally acceptable (NOTE 2 officers are required regardless) also if the officer indeed was groping the individual in question he should (IMO) be severely repremanded, I do have one question about the search how (palm of his hands, finger tips, back of hand) did the arresting officer search you? This is key because if he did NOT use the back of his hand there is a very good possibility that what he was going could constitute fondling and not a legit search especially if there was no second party present. I would consult a local attorney immediately.