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chadwick · 12-26-2007, 05:10 AM

ok so we have a female officer in our area that is patting down men, i thought this was against the rules, she also never has backup, she has done it to my brother and his friend (with good reason) and his friends step-dad, that time without reason, she has also done this to a few other guys that my parents know

my question is that in the state of california is this legal, and if not than if she finds anything on you is it still admissible, i belive its illegal in my state but not sure, they are supposed to have a male officer come from my understanding

BartSimpson · 12-26-2007, 05:45 AM

It is legal.

Buzzby · 12-26-2007, 09:26 PM

When a law enforcement officer has "reasonable grounds" for suspecting that a criminal suspect may be armed, he may pat down the outer layer of the suspect's clothing for weapons. The ruling (Terry v. Ohio) held that the Fourth Amendment protection against unreasonable searches and seizures is not violated when a pat-down is performed based on reasonable suspicion for the purpose of ensuring officer safety.

phuzz01 · 12-27-2007, 01:18 AM

Some agencies have internal policies stating that when feasible, officers should have a colleague of the same sex search people. However, those policies would not make any contraband found inadmissable. And I am not aware of any state that has a law requiring an officer of the same sex conduct a search. Finally, even agencies that have such a policy make an exception when an officer of the same sex is not immediately available.

A pat search is for officer safety purposes, not for locating contraband. Therefore, if an officer has to conduct a patdown for their own safety, they cannot afford to wait ten minutes for another officer to arrive.

chadwick · 12-28-2007, 01:00 AM

well thanks for the help, i wasnt quite sure on the laws about this but i get it a little more clearly now

12-26-2007, 05:10 AM	#1
chadwick Sr. Member Join Date: Sep 2007 Posts: 1,006 Grams: 10,388.27 Groans: 1 Groaned at 10 Times in 9 Posts Thanks: 110 Thanked 84 Times in 73 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	pat down question ok so we have a female officer in our area that is patting down men, i thought this was against the rules, she also never has backup, she has done it to my brother and his friend (with good reason) and his friends step-dad, that time without reason, she has also done this to a few other guys that my parents know my question is that in the state of california is this legal, and if not than if she finds anything on you is it still admissible, i belive its illegal in my state but not sure, they are supposed to have a male officer come from my understanding

12-26-2007, 05:45 AM	#2
BartSimpson Sr. Member Join Date: Jan 2005 Posts: 900 Grams: 6,037.45 Groans: 0 Groaned at 11 Times in 3 Posts Thanks: 18 Thanked 199 Times in 108 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	It is legal. __________________ In nature, stupidity is a capital crime; judgement is absolutely impartial, there is no process for an appeal, and the sentence is carried out immediately.

12-26-2007, 09:26 PM	#3
Buzzby Buddhist Curmudgeon Join Date: Aug 2004 Posts: 14,171 Grams: 42,651.79 Groans: 33 Groaned at 42 Times in 35 Posts Thanks: 486 Thanked 3,514 Times in 1,781 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	When a law enforcement officer has "reasonable grounds" for suspecting that a criminal suspect may be armed, he may pat down the outer layer of the suspect's clothing for weapons. The ruling (Terry v. Ohio) held that the Fourth Amendment protection against unreasonable searches and seizures is not violated when a pat-down is performed based on reasonable suspicion for the purpose of ensuring officer safety. __________________ McCain voted with Bush 90% of the time. Do we really want four more years of the same old shit? ~ Buzzby, 08/31/2008 Theocracy Watch

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12-27-2007, 01:18 AM	#4
phuzz01 Sr. Member Join Date: Jan 2001 Posts: 829 Grams: 5,811.72 Groans: 1 Groaned at 1 Time in 1 Post Thanks: 15 Thanked 252 Times in 90 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	Some agencies have internal policies stating that when feasible, officers should have a colleague of the same sex search people. However, those policies would not make any contraband found inadmissable. And I am not aware of any state that has a law requiring an officer of the same sex conduct a search. Finally, even agencies that have such a policy make an exception when an officer of the same sex is not immediately available. A pat search is for officer safety purposes, not for locating contraband. Therefore, if an officer has to conduct a patdown for their own safety, they cannot afford to wait ten minutes for another officer to arrive.

12-28-2007, 01:00 AM	#5
chadwick Sr. Member Join Date: Sep 2007 Posts: 1,006 Grams: 10,388.27 Groans: 1 Groaned at 10 Times in 9 Posts Thanks: 110 Thanked 84 Times in 73 Posts Stock Portfolio Total Value: 0.000 Gain/Loss: 0.000%	well thanks for the help, i wasnt quite sure on the laws about this but i get it a little more clearly now

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