What is the correct procedure of a pat down ( body search )? and how often can a cop and for how long?

Asked about 1 year ago - San Jose, CA

I am a female, is it suppose to be done by a female cop?

Attorney answers (2)

  1. Vijay Dinakar

    Pro

    Contributor Level 17

    3

    Lawyers agree

    Answered . Depends where and why the search was conducted. If you're talking about getting frisked at the airport, expect to be sexually assaulted unless you want to be body scanned (have a look on YouTube if you doubt this happens). However the TSA generally uses females on female passengers. If you're
    referring to a "terry stop and frisk" that frequently occurs (allegedly for officer safety) then police will frisk you as a female whether they are male, female, or otherwise. When searched fully incident to arrest, cops may attempt to retrieve a female officer to search a female suspect but this is per each departments practice and by no means universally practiced. I've had several female clients who were felt up by male cops during a search. Learn and exercise your rights, don't consent to searches, and don't talk to police. Good luck

  2. Brian K Wanerman

    Contributor Level 18

    Answered . I agree completely with Mr. Dinkar. NEVER consent to a search, but NEVER resist if they do one anyway. The police should take all reasonable steps to avoid turning the search into sexual harassment, such as having a female officer pat down or search female suspects/arrestees, but issues of necessity (e.g. no female officer available) and security (e.g. they reasonably believed you were armed) can trump polite niceties and, unfortunately, can be used as excuses by malfeasant officers to get away with sexual assault. Don't resist the cops, but tell your attorney of any irregularities about any search or "frisk" right away.

    The response above is not intended as legal advice. This response does not create an attorney-client relationship.... more

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