I was at the park in Hartsville after 10pm didnt know it got a trespassing ticket and a litering ticket even thought I didnt litter so the officer says i dont feel like writing the tickets here yall come to the police department so we go there after being honest about everything and coroprative bout everything because we knew the officer he was our high school officer.he reads us our rights and makes us sign statement after that we have a conversation while writing the tickets but then he says ok yall i need to check your pockets so the while he is still sitting down he goes in my front pockets make me turn around so my back is facing him he stop and stares at my butt and says a huming noise and i turn around and say hum what and he says nothing and then i sit down isnt that sexual hara
Sexual Harassment Attorney
I do not practice law outside of Texas but it is my professional opinion as a former police officer and police chief that it is doubtful you have a viable, practical, tort claim against this officer's unprofessional conduct. That being said you certainly could and should file an internal affairs complaint against this officer with his police department and ask them to investigate his unprofessional sexist behavior. If he does this to a female at the station, what is he doing out in the field? Make sure you retain an attorney to defend you on your citations.
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3 lawyers agree
Criminal Defense Attorney
I edited your post to the sexual harassment avvo practice section so more attorneys may view it for a response.
I don't practice in SC, but in my state, KY, law enforcement are given some latitude in the way they perform their duties as arresting/citing officers and as correction officers in the pat down and booking process to protect themselves, the suspect, others that may be present and the security of the jail.
Having said that, it arrears that you were not arrested, but only cited, and given a partial pat down, ( non-evasive, not a full body search nor a cavity search), I assume for weapons or other contraband.
You need to consult with counsel in your area to defend you on the 2 citations and to review the officers actions after the citations. Maybe this can be used in negotiations, but it does not rise to a colorable claim of sexual harassment in my opinion. But, other counsel in SC may disagree with me. Good luck.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
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Intellectual Property Law Attorney
This sounds like misbehavir by this officer. While you were not physically damaged, you certainly were mistreated here. Because your economic harm is small, you probably should not invest in a law suit. But you definitely should file an internal civilian complaint with the police department. Before doing so, you should retain criminal defense counsel to represent you regarding the tickets that you received---he may be able to negotiate a resolution of this situation in the context of filing complaints on your behalf to the police department.