Can police officers do a strip and body cavity search without just cause?
Thursday, September 25th, 2008 at
10:09 pm
antibiotics alt=’attorney search’ />tn_dixie_queen asked:
A 10 year decorated veteran of the Gulf War with NO prior criminal record was arrested for filing a false report. He was subjected to a strip search and body cavity search by the officer who had no grounds other than to humiliate and intimidate the person. Nothing was found during the search, there was no search warrant. Before the search he had asked for an attorney and was refused. How can this be right? What can be done to stop this from happening to others?
His Miranda rights were not read to him at anytime during his arrest. When he asked for an attorney and was refused the officer said he had no plans on questioning him so therefore he didn’t need an attorney.
A 10 year decorated veteran of the Gulf War with NO prior criminal record was arrested for filing a false report. He was subjected to a strip search and body cavity search by the officer who had no grounds other than to humiliate and intimidate the person. Nothing was found during the search, there was no search warrant. Before the search he had asked for an attorney and was refused. How can this be right? What can be done to stop this from happening to others?
His Miranda rights were not read to him at anytime during his arrest. When he asked for an attorney and was refused the officer said he had no plans on questioning him so therefore he didn’t need an attorney.
If he was refused the right to have an attorney, that is (most likely) grounds for a lawsuit as cops cannot legally interrogate a person who asks for a lawyer. I’m not sure if that law applies in this case, but the veteran might want to talk to a lawyer about that.
This is absolutely wrong. Contact the ACLU or any good lawyer at once. You can fight this injustice to make sure it doesnt happen to anyone else. You are protected under the fourth amendment from unreasonable searches and seizures. If you dont consent to a search they have to have a warrant or a very good reason. Sounds to me like they didnt have either. People dont believe me when I say the US is heading for totalitarianism. Stuff like this happened in **** germany for christs sake. Yeah, so anyways, contact a lawyer or the ACLU. Thats the best thing to do. Good luck
peace
It is not right.Police are supposed to give the criminal a lawyer.
In are city a similar incident happened,and people starting sueing the city.
Plus call the US Justice Department to investigate the city.Thats how it was resolved in our city.
Yes… If he was taken to the city jail and booked, the strip and body search was perfectly legal. After this was done, the individual have the right to make a phone call, to an attorney or an inmediate family member.
The search was performed illegally.
Contact a good high-profile attorney who can get some media attention and sue the pants off of them!
No it’s not right. If they were to smell dope, or have other probable cause they can search your clothing on the spot, if they book you (arrest) they can do a cavity search as per security for their establishment and to ensure that no drugs weapon are being smuggled inside, HOWEVER! The miranda law clearly points out You have the right to an attourney, if You cannot afford an attourney one will be appointed to You by the Court of law.
You seriously need to sue.
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
NO MIRANDA’S RIGHTS!!!????
CASE DISMISSED! He’s off, get a good laywer!
When a persons been arrested he is subject to search incident to that arrest. The search requires no warrant. Who did he ask for a lawyer? It’s not the policeman’s responsibility to provide the lawyer it’s the court that does that. As far as having grounds he was under arrest, the officer doesn’t need grounds! The search is justified because he is arrested. Whether anything was found has no bearing on whether or not the search was justified. This is the law, the Supreme Court has upheld it. We appreciate the service to our country but that has nothing do do with the crime he was arrested for.
Furthermore since this person was arrested for filing a false report lying how much of his story should we actually believe?
No, and that so-called cop should be fired, and prosecuted to the fullest extent of the law. Nothing can be, or will be done to stop this from happening again, because you can’t stop the actions of people that choose to be morons, no matter how many laws are legislated.
First of all BrenaLJ and Tango55 are correct, good research. Anyone arrested is searched at the time of the arrest, by any subsequent officer who takes possession of the prisoner, and when the prisoner is brought into a jail they are given a strip and cavity search. This type of search is used on everyone, even politicians. We have arrested people and during the cavity search located pistols, knives, meth, coke, and handcuff keys. Everyone who is brought into a jail receives the exact same treatment as mandated by the state that the jail is in.
Now, the question of reading the Miranda Rights for someone in custody. Stop watching so much T.V., Law and Order is not a research tool. I arrested over 100 fugitives this year and didn’t read a single one their Miranda Rights, why you ask, because I didn’t question them. The Federal Judge reads them their rights when they are given their Initial Appearance in court. Here is some more information on Miranda Rights; there are questions that a police officer can ask of someone in custody without reading their Rights, such as biographical data, next of kin, where they live, etc.
first of all, yes it is illegal, second reporting it and following thru with the proper authorities needs to be done immediately and third… at the time of the incident… the best course of action with any law enforcement officer, regardless of his actions, is to do what he says, immediately and quietly and try and fix the problem after it is over…. that isn’t always fun but it is the best course of action at the time of the incident and will probably keep you from getting hurt…. after all, remember, he has a gun and he is in charge… like it or not… fix it after the fact is the only course of action at that time…………..
Hate to say it – but if the veteran was arrested (to effect an arrest all a police officer has to do is lay a hand on the perpetrator and advise that they are in custody).
Once in custody, dependent upon where he is being held, the search is a routine procedure. If no questioning occured then no police caution is required.
In the circumstances, I wonder what was the nature of the false report? To be remanded into custody the false report must been of quite some substance.
Is it Ethiopia?
probable cause was there….filing a false report or statement with the police is against the law. The 10 yr veteran should have cooperated with the authorities. I will venture to say verbage was exchanged by this 10 yr veteran…putting the veteran in a very vulnerable place.
In other words you let your mouth over load your face and the officers did what they had to do…