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
The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner
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
Youngstown, Ohio 44512-4238
330.629.9030 Ext. 6 Phone
The above information is shared for educational and discussion purposes only. No Attorney-Client relationship is intended or established through your reliance on the information provided. If your legal rights could be impacted by using this information, you are urged to seek legal counsel before taking action. Atty. Dennis A. DiMartino 1032 Boardman-Canfield Road Suite 103 Youngstown, OH 44512-4238 330.629.9030 Ext. 111 Phone 330.629.9036 FAX Dennis.DiMartino@gmail.com