QUESTION

Can a cop of the opposite sex search me?

Asked on Jan 23rd, 2013 on Litigation - Colorado
More details to this question:
My friend got pulled over and the cop made everyone get out of the car. He searched all of us by patting us down and reaching into our pockets. Me and another girl requested a female cop and he said no. They found a bowl on me. Can I get out of it because the cop was a guy and he can't search a girl?
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4 ANSWERS

Michael J. Breczinski
No that is not illegal but they usually do search with officers of the same sex to avoid charges of impropriety.
Answered on Jan 28th, 2013 at 10:55 PM

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Traffic Ticket Attorney serving Eureka, MO at The Rogers Law Firm
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No, the charge will not be dismissed just because a male cop searched a female suspect.
Answered on Jan 24th, 2013 at 12:21 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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No, there is no requirement for same sex officers to do such a search as described.
Answered on Jan 24th, 2013 at 12:24 AM

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Criminal Law Attorney serving Boulder, CO
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The police are not allowed to search without a warrant or consent it sounds like you asked not to be searched you may have consented to a search if and only if it was done by a woman - violation of your scope of consent equals lack of consent why was car stopped why did he think everyone needed to be searched what crime was he investigating.
Answered on Jan 23rd, 2013 at 7:37 PM

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