In Ohio is it legal to place arrested female in front passanger seat with male officer, was it legal to search her before arrest

Asked over 1 year ago - Waverly, OH

She was not patted down for weapon search but pants pockets and coat pockets were searched by male patrolman before being arrested.

Attorney answers (2)

  1. Christopher Lee Beck

    Pro

    Contributor Level 18

    1

    Lawyer agrees

    Answered . Whether or not it is illegal to perform the pat down search depends on the reason the officer articulates for the pat down. The fact that he is a male officer is not relevant. However, if the reason was officer safety I would question his reason with the fact that she was placed in the front seat. In every criminal case I start with why did the police show up in the first place. The next step is what lead to the arrest and finding of any evidence. Bottom line is that it appears you are charged with a crime and you need an experienced criminal defense attorney who can start reviewing the case. Good luck.

    Attorney Chris Beck
    Beck Law Office, LLC
    Dayton, Ohio
    (937)510-6110
    www.becklawofficellc.com

    The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client... more
  2. Dennis Armand DiMartino

    Pro

    Contributor Level 11

    1

    Lawyer agrees

    Answered . While it was no doubt offensive, immoral, and unorthodox, it was nonetheless still legal to do that. The officer subjects himself to potential allegations of inappropriate sexual contact, but it did not violate any laws that I know of. I am sure that he broke some Departmental policies, but that alone is probably not enough to change anything substantively for this young woman.

    I hope this answered your questions. Good luck.

    Atty. Dennis A. DiMartino
    1032 Boardman-Canfield Road
    Suite 103
    Youngstown, Ohio 44512-4238
    330.629.9030 Ext. 6 Phone
    330.629.9036 FAX
    Dennis.DiMartino@gmail.com

    The above information is shared for educational and discussion purposes only. No Attorney-Client relationship is... more

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