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Strip-search, or not strip-search? (CRIMINAL LAW & PROCEDURE)

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• Fri, 29 Oct 2004 08:15:00 GMT(1)

• Quote:

  Originally Posted by angizm

  
  He also said the situation would be much different if the officer turns out to be a lesbian? I'm a little disappointed in my options.

  
  My response:
  I'm disappointed too, but for different reasons; i.e., that it's not on tape. I would have liked to have seen the tape. Damn!
  IAAL
• Thu, 28 Oct 2004 14:47:00 GMT(2)

• Quote:

  Originally Posted by BelizeBreeze

  Are you male or female?

  Probably female, since there were breasts involved. Never heard a guy say he was uncomfortable having his breasts touched.
• Thu, 28 Oct 2004 22:11:00 GMT(3)

• Quote:

  Originally Posted by Bonafide22

  What is the name of your state? Maryland
  A few days ago I was stopped for not wearing my seatbelt. The officer said that she saw a marijuana seed on the floor, then proceeded to make me get out of the car. She then put her hand down my shirt, and I said I don't feel comfortable with your hands on my breasts, to which she replied That's too bad. A few moments later, she had her hands down my pants and underneath my underwear saying that if I had "pot" in my "growing area" that she would find it and I should just give it to her. I had no drugs in my posession. Was this a strip-search? Was this legal? I was under the impression that a search of this kind had to take place in a private room with another female officer in attendance. Thanks in advance.

  Do you think this was filmed by the police cars camera, if there's tape of it may give your weak accusation more weight it sounds more like fondling and digital penetration than a strip search..
• Thu, 28 Oct 2004 22:20:00 GMT(4)
• Unlike the impression from television, very few police cars have cameras in them. I know that TX has a fund that purchases them, so they probably have the most. It seems to be a southern thing more than anywhere else.
  In my county, none of the cars in any agency - including the CHP - are equipped with cameras.
  But, a camera would be nice in this situation ... IF the search were conducted directly in front of the camera.
  - Carl
• Thu, 28 Oct 2004 22:36:00 GMT(5)
• My response:
  If there wasn't a camera, what a terrible waste. Is this why it's called "copping a feel"?
  (Play Gypsy Rose Lee stripper music, here)
  IAAL
• Fri, 29 Oct 2004 06:04:00 GMT(6)
• And that's exactly why I asked. File a complaint with the local police department AFTER asking to speak with the chief of police. If nothing is done, then file a complaint with the commissioner of public safety.
  A 'pat-down' search, based on the facts that you presented and ONLY those facts, is all that is required in this situation however, such a search as you described is not only not required, it crosses the line.
• Thu, 28 Oct 2004 14:23:00 GMT(7)
• Are you male or female?
• Thu, 28 Oct 2004 15:00:00 GMT(8)
• VERRRY questionable search. Not knowing the policies and the laws in MD, I can't say whether it was legal ... but basing a search of THAT intrusive nature on the possibility that a "seed" on the floorboard is marijuana?!
  Not good ... and certainly not one that would fly out here.
  - Carl
• Fri, 29 Oct 2004 05:57:00 GMT(9)
• I am a female...I spoke to a lawyer yesterday about the incident and he said all i could do was file a complaint and that it could have been assault, but a charge would never be filed. He also said the situation would be much different if the officer turns out to be a lesbian? I'm a little disappointed in my options.
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