Can a warrant be issued for a cavity search of a female against her will?
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Can a warrant be issued for a cavity search of a female against her will?
If so what are the requred procedure for securing such a warrant. This is after a strip search had been conducted.
Asked on November 8, 2010 under Criminal Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You are raising a lot of legal issues here in this one simple question having to do with Constitutional rights on many different levels. If there has been a warrant issued of such magnitude as to invade the personal parts of a woman's body then the evidence that there is probable cause to find whatever they are looking for had to be pretty good for the Judge. Courts are not inclined to have the police go on a fishing expedition in this area of the law "in the hopes" of finding something. Something in the strip search must have triggered the probable cause. Get an attorney as soon as possible if you are concerned that it is other than what I have said here. Good luck.
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