Can2 male officers pat down a female suspect on site when suspect hasrequested a female officer to do it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can2 male officers pat down a female suspect on site when suspect hasrequested a female officer to do it?
Asked on July 28, 2010 under Criminal Law, Alaska
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
It is always preferred that a subject of a pat down be checked by an officer of the same sex, however, sometimes out in the field this just isn't practical. If the safety of the officers was potentially at issue, then if no female was available it was perfectly legal for a male officer to perform a pat down search.
However, what is troubling about all of this is that not 1 but 2 officers did so. There may or may not have been valid reasons for doing this. However, if you feel that your rights were violated, you should consult with an attorney to discuss this matter in greater detail. You may or may not have a claim.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.