Was I searched illegally by the police?

+1 vote
asked Jul 3, 2011 by Mark Devens (1,746 points)
I'm 15 years old. The other day my dad and i got pulled over on vacation for running a stop sign. The cop, who was a male, smelled marijuana and arrested my dad for a DUI. BUT, then another cop showed up, who was a lady, pulled me out of the car and searched me.

My question is: Was I searched illegally? I can understand a cop searching me, but it was a female cop who searched me, a 15 year old boy. She touched my butt, squeezed my pockets, the only thing she didn't do was touch my crotch.

And then when i asked her if a male was supposed to search me, she said they do things different in the mountains. (it was a small mountain town)

Was I searched illegally?

Thanks!
commented Jul 3, 2011 by DazOwen (5,876 points)
The gender has nothing to do with it. The Police are there to carry out a duty so if they sell Marijuana on your dad then it's their duty to search you, be female or not.

Most guys wouldn't be complaining about a female cop searching them. ;)
commented Jul 3, 2011 by Lee Wood (2,385 points)
He is clearly trying to get his dad out of something, which he is clearly guilty of...
commented Jul 3, 2011 by Zbob750 (2,701 points)
Nobody's guilty as far as we know. Besides **if** he was searched illegally he has every right to help his father. I'm not saying I agree with it. From what he's said it's just a simple question
commented Jul 3, 2011 by DazOwen (5,876 points)
9 times out of 10 if you smell Marijuana on someone it isn't the smell of cookies.
commented Jul 3, 2011 by Zbob750 (2,701 points)
I agree however good lawyers will pull the cheapest tricks to get out of any charge. Whether they did it or not. I put that down based on the little information we had on the incident.

5 Answers

+1 vote
answered Jul 3, 2011 by Patxi (12,610 points)
Yeah an opposite sex officer can search you if they think you have drugs, weapons or they think you can be some sort of harm to them, sometimes in a few states it is required  that a same sex officer to be present(not necessarily he should be the one to search you) but to be present when a female officer searches you.
0 votes
answered Jul 3, 2011 by catchatyou (97,380 points)
Technically, as soon as they find any illegal substance on one person, they have as much of a reason to believe that you may have some too.  I don't think that it matters what gender the officer is.  They can't really help what gender they are.
0 votes
answered Jul 3, 2011 by Zbob750 (2,701 points)
They can search you as long as they have probable cause. So if they smell Marijuana on your friend or dad or whoever they can legally search you. Same goes for the car you were both in.
As for the gender thing I really don't think it matters.
0 votes
answered Jul 3, 2011 by Elikiasmom (16 points)
Technically....I believe...That you can walk away unless they specifically tell you your under arrest. What I would have done if I were you is ask...Am I under arrest...Because they had to pull you over for something else initially. They can't just claim Oh I smelled "illegal substance" coming out of your car. Unless you are parked...(If your driving then...) They could have said wreckless driving, swerving. They don't technically have to prove...What they pulled you over for is true. But they can't initially pull you over cause you smell of "illegal substance"

If they say no your not under arrest...then your free to go wherever you please. As for the case of your dad. He could have done the same because until your under arrest they have no right to search, or do anything with you or your property. People have the misconception that you have to bow down to cops.

On the side of the police cars it says to "serve and protect" that includes you. And innocent until proven guilty still stands...Although these days it seems more of guilty until proven innocent. As far as the situation. It is best to comply with what they ask. Especially if you are guilty.

And normally what they will do is search your car for "illegal substance" or "open containers". If neither of these apply then they can not charge you for a dui...And technically if a cop pulls you over and you throw it out the window. They can't charge you either.

Due to the fact they can't prove it was in your possession. Although you can get a littering charge. Which is generally a bigger fine then a dui although a dui can get you a suspended license and a fine, and make you take classes.
commented Jul 4, 2011 by Zbob750 (2,701 points)
I think your right but I don't think they have to place you in Custody. They call it detaining a person. But if you get detained you'll probably get charged anyway.
0 votes
answered Jul 3, 2011 by Elikiasmom (16 points)
Was I searched illegally by the police?
1
   

I'm 15 years old. The other day my dad and i got pulled over on vacation for running a stop sign. The cop, who was a male, smelled marijuana and arrested my dad for a DUI. BUT, then another cop showed up, who was a lady, pulled me out of the car and searched me.

My question is: Was I searched illegally? I can understand a cop searching me, but it was a female cop who searched me, a 15 year old boy. She touched my butt, squeezed my pockets, the only thing she didn't do was touch my crotch.

And then when i asked her if a male was supposed to search me, she said they do things different in the mountains. (it was a small mountain town)

Was I searched illegally?

Thanks!
illegal search police

asked 3 hours ago
Mark%20Devens's gravatar image

Mark Devens
1.7k●44●77●106

The gender has nothing to do with it. The Police are there to carry out a duty so if they sell Marijuana on your dad then it's their duty to search you, be female or not.

Most guys wouldn't be complaining about a female cop searching them. ;)
(45 mins ago) DazOwen DazOwen's gravatar image

He is clearly trying to get his dad out of something, which he is clearly guilty of...
(44 mins ago) Lee Wood Lee%20Wood's gravatar image

Nobody's guilty as far as we know. Besides if he was searched illegally he has every right to help his father. I'm not saying I agree with it. From what he's said it's just a simple question
(40 mins ago) Zbob750 Zbob750's gravatar image

9 times out of 10 if you smell Marijuana on someone it isn't the smell of cookies.
(26 mins ago) DazOwen DazOwen's gravatar image
3 Answers:
oldestnewestmost voted
0
   

Yeah an opposite sex officer can search you if they think you have drugs, weapons or they think you can be some sort of harm to them, sometimes in a few states it is required that a same sex officer to be present(not necessarily he should be the one to search you) but to be present when a female officer searches you.

answered 3 hours ago
Patxi's gravatar image

Patxi
11.2k●128●234●360

edited 3 hours ago
0
   

Technically, as soon as they find any illegal substance on one person, they have as much of a reason to believe that you may have some too. I don't think that it matters what gender the officer is. They can't really help what gender they are.

answered 1 hour ago
catchatyou's gravatar image

catchatyou
15.8k●42●123●315
0
   

They can search you as long as they have probable cause. So if they smell Marijuana on your friend or dad or whoever they can legally search you. Same goes for the car you were both in. As for the gender thing I really don't think it matters.

answered 47 mins ago
Zbob750's gravatar image

Zbob750
486●4●8●13

edited 35 mins ago
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[hide preview]     1672 characters / 311 words     community wiki

Technically....I believe...That you can walk away unless they specifically tell you your under arrest. What I would have done if I were you is ask...Am I under arrest...Because they had to pull you over for something else initially. They can't just claim Oh I smelled "illegal substance" coming out of your car. Unless you are parked...(If your driving then...) They could have said wreckless driving, swerving. They don't technically have to prove...What they pulled you over for is true. But they can't initially pull you over cause you smell of "illegal substance"

If they say no your not under arrest...then your free to go wherever you please. As for the case of your dad. He could have done the same because until your under arrest they have no right to search, or do anything with you or your property. People have the misconception that you have to bow down to cops.

On the side of the police cars it says to "serve and protect" that includes you. And innocent until proven guilty still stands...Although these days it seems more of guilty until proven innocent. As far as the situation. It is best to comply with what they ask. Especially if you are guilty.

And normally what they will do is search your car for "illegal substance" or "open containers". If neither of these apply then they can not charge you for a dui...And technically if a cop pulls you over and you throw it out the window. They can't charge you either.

Due to the fact they can't prove it was in your possession. Although you can get a littering charge. Which is generally a bigger fine then a dui although a dui can get you a suspended license and a fine, and make you take classes.
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