Can a male officer search a female?
Question Details:
My boyfriend and I were arguing; the cops were called by someone pertaining a domestic call. When they arrived I stated we were just arguing nothing physical; they stated they did not believe me and proceeded to arrest my boyfriend. He then began resisting arrest. While they were trying to subdue him an officer walked me to the back of his car and began searching me. I asked him what I had done. He said my boyfriend had a pill on him and now he wanted to search me. He stuck his hand in my pocket and pulled out a pill. There were 2 to 3 male officers present; no female officers. Can I fight this or was it legal?
Criminal Defense Law Answers
While it is preferred to have an officer of the same sex perform a pat down search, it is not mandatory. The fact is, it is not always practical, as in your case - there were no females officers present. The purpose of a pat down is to, among other things, check forweapons - remember this was a domestic violence call. Since this gave rise to a legitimate issue of officer safety, such male/female; female/male searches are legal.
There might be other grounds to fight this search on but not this one.
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