It really depends on what the situation is. The "pat down" or "Terry search" is a search the police officer is permitted to perform to find possible weapons that could endanger him. He is permitted to perform the search in any reasonable way that would ensure his safety. The Supreme Court actually has broadened the permissible range of search over the years, adapting it to certain circumstances. In the original case of Terry it was just a "pat down" of the outer clothing that was permitted, but since it is easy to hide guns under that clothing, police officers are allowed to take a closer look, for example inside boots, waistbands etc.
The court said in
Terry v. Ohio : Officer McFadden had reasonable grounds to believe that petitioner was armed and dangerous, and it was necessary for the protection of himself and others to take swift measures to discover the true facts and neutralize the threat of harm if it materialized. The policeman carefully restricted his search to what was appropriate to the discovery of the particular items which he sought. Each case of this sort will, of course, have to be decided on its own facts.
And that is the point: each case has to be decided on the circumstances. So, if there are circumstances making it likely that a suspect might have hidden a weapon that could endanger the officer in this given situation in her bra etc., a search of the bra, butt, etc. would be permissible. Otherwise it would not be permissible.
Isn't that a typical lawyer's answer
But there also are limits. Another court for example said this: "
State v. Crook (don't you just love that name), 485 N.W.2d 726 (Minn.App.1992)(no basis for looking into defendant's cap, as it is "reasonable to conclude that a weapon such as a razor blade hidden in the cap would not present harm or danger to a police officer armed with a gun"). It must be remembered that the limited search permitted by Terry is to find weapons "for the assault of the police officer," not merely to find weapons; thus there is no reason to cover every square inch of the suspect's body. The need is only to find implements which could readily be grasped by the suspect during the brief face-to-face encounter, not to uncover items which are cleverly concealed and which could be brought out only with considerable delay and difficulty. In no circumstance is it a search whose purpose is to discover evidence."
Lately the topic has come up with airport security searches. There are no court cases yet, but since the weapons airport screeners are looking for are not only guns but also plastic explosives etc. it could well be that courts will find very intimate pat downs permited in this situation.
Of course it usually is good sense and departmental procedure only to have female officers conduct this kind of search on a female suspect.
And of course, once you talk about a search in connection with an arrest, there are different rules!