Arrest, Search, Seizure, Warrant Please tell me if search was appropriate

[alexn614]

Ok, I've been losing sleep over this for several days and need to know whether or not this was appropriate. For some contextual knowledge, I'm 25, female.

I recently was pulled over for expired registration, and told my vehicle was going to be towed and stored. Completely understandable, my own fault for not paying the registration. The officer (county sheriff, male) ran my name, etc., as is standard when pulled over. Other than expired registration, I have valid, current insurance, and no restrictions on my driver's license. I also have no prior charges, no criminal convictions, no arrests, etc. Clean record. I don't use drugs of any type, nor do I drink alcohol.

The officer came back and told me they would need to search the vehicle. I understand this completely - if they are taking it into their possession, they need to make sure there are no weapons or drugs in it. The officer had me step out of my car and follow him back to his squad car. I was completely calm and cooperative - my own fault for not paying the registration. By this time, another male police officer had shown up and was waiting at the car. The first one told me that I was not under arrest, but they would have to search my person.

They had me stand with my back to the car, hands behind my back, as standard. Then, the first officer (both were male) proceeded to put both hands down the inside of my pants, touching skin with his palms all the way around my hips and waist.

Neither asked me to empty my pockets first, nor did he pat me down before. I was driving home from work, so I was dressed in typical office clothing, slim fitting slacks and a sweater- nothing baggy, any weapons would have been easily visible. And, needless to say, he didn't find anything hidden.

I suppose my questions are these:
1. I thought searches of one's person had to be conducted by an officer of the same sex. Is this wrong?
2. Was there any obvious probable cause to conduct a search of my person? (The vehicle is understandable.)
3. Was putting his hands down my pants inappropriate? (in terms of the law, not morally. I realize it was morally wrong.)

Any confirmation on any of this would really be appreciated. Thanks.

 

[CdwJava]

I suppose my questions are these:
1. I thought searches of one's person had to be conducted by an officer of the same sex. Is this wrong?

There is no law that requires this in any state. If you were being booked into jail, that is a different issue. An officer conducting a strip search or a more intrusive search will almost always be of the same gender as the suspect. In the field, you get what you get. Depending on the size of the jurisdiction, there may not even BE a female officer working. Right now, in my entire county, there is not a single female officer (city, county, or CHP) on duty outside of the jail.

A pat down search for weapons is done with articulable cause and by whatever officer is on scene.

2. Was there any obvious probable cause to conduct a search of my person? (The vehicle is understandable.)

We do not know, you'd have to ask the officer. In some states traffic violations are arrestable offenses, and you could have been searched pursuant to that arrest pending release on the citation. Otherwise, he would tend to have to be able to articulate a reasonable belief that you might possess weapons. Understand that the courts (including the USSC) have granted a great deal of leeway to officers in this area to protect themselves, so most pat-downs are going to be lawful ... not all, but most.

3. Was putting his hands down my pants inappropriate? (in terms of the law, not morally. I realize it was morally wrong.)

I don't know what you mean by putting his hands down your pants. The proper method to do a search of the waistband tends to include pinching the waistband area, and that could include running fingertips along the inside of the waistband. That would probably be considered excessive for a pat down search for weapons, however.

If you have a concern or complaint about the officer's actions, you should bring them up with his agency.

- Carl