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

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

Waverly, OH -

Attorney Answers (2)

Christopher Lee Beck

Christopher Lee Beck

Criminal Defense Attorney - Beavercreek, OH
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

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Dennis Armand DiMartino

Dennis Armand DiMartino

Criminal Defense Attorney - Youngstown, OH
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

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