LEGAL GUIDE
Written by attorney Jose Xavier Orochena | Jun 21, 2015

SEARCH OF BRUCE AND CAITLYN JENNER AFTER A DWI DUI ARREST IN NEW YORK CITY ...

What if Caitlyn Jenner were arrested in NYC for lets say a DUI / DWI but her drivers license stated "Bruce Jenner, White, Male." Who could search Caitlyn? Would the NYPD have to define her gender? If so, how would the NYPD do so? Lets find out.

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Everyday, hundreds of people are searched by the NYPD during traffic violations like Driving While Impaired (DWI) aka Driving Under the Influence (DUI). Cops of the same gender usually perform post arrest searches. But, what would happen if Caitlyn Jenner is arrested for a DWI / DUI in New York City while dressed as a woman and her ID says “Bruce – White – Male.” Would it be okay for a male officer to search Caitlyn Jenner after the arrest? Lets find out. Typically, an NYPD officer of the same gender conducts post-arrest searches. But how would an NYPD officers determine Caitlyn's “gender” after the arrest? Does Caitlyn / Bruce Jenner's appearance define her gender? Would Caitlyn's or Bruce's anatomy define gender? Would Caitlyn or Bruce's gender be defined by X and Y chromosomes? In New York City (NYC), according to NYPD’s Official Patrol Guide – General Search Guidelines states, that if An arrestee objects to the gender of the member assigned to perform the search [the supervisor will assign a] member of the gender requested by the arrestee consistent with officer safety and resource availability.” PG 208-05. The Patrol Guide goes on to emphasize that, “Under no circumstances shall [cops] conduct searches for the purpose of determining gender.” PG 208-05. Therefore, if Caitlyn or Bruce Jenner is arrested for a DWI / DUI or any other crime in New York City, Caitlyn can request that a female search her and “under no circumstances” can an NYPD officer search Caitlyn Jenner, post arrest, in order to determine Caitlyn Jenner's sex. The following post was solely intended to educate the public at large. And while the NYPD rules and policies are completely authentic, the situation was 100% fictitious. An arrestee objects to the gender of the member assigned to perform the search [the supervisor will assign a] member of the gender requested by the arrestee consistent with officer safety and resource availability.” PG 208-05. The Patrol Guide goes on to emphasize that, “Under no circumstances shall [cops] conduct searches for the purpose of determining gender.” Therefore, if Caitlyn Jenner is arrested for a DWI / DUI or any other crime in New York City, she can request that a female search her and “under no circumstances” can an NYPD officer search Caitlyn Jenner in order to determine her sex.

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