‘Violated’: Women Subjected to ‘Roadside Body Cavity Search’ During Routine Traffic Stop (And Dash Cam Caught It All)

Posted by XenokRoy 12 years ago to Legislation
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Shouldn't this kind of search require a warrant? Let alone the other rather unpleasant aspects, it seems that such a search could not be done without a warrant in any free society. Anyone out here have some legal expertise?
SOURCE URL: http://www.theblaze.com/stories/violated-women-subjected-to-roadside-body-cavity-search-during-routine-traffic-stop-and-dash-cam-caught-it-all/


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  • Posted by khalling 12 years ago
    Whoa. just whoa. The Supreme Court has ruled that you may strip search arrested and detained individuals. And in this Supreme Court case, the arrest warrant was not valid and outstanding, and the search was ruled legal.
    This is just outrageous!
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    • Posted by 12 years ago
      Thanks, I was not aware of such a ruling. Does not make it right or acceptable. I was and still am in some shock over this case and what was done. Its past the point of unthinkable.
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      • Posted by khalling 12 years ago
        Let me clarify. What I am referring to is ANOTHER cae that went all the way to the Supreme Court. As you can see from the video the officers feel completely comfortable performing the search. Just because the first officer "smelled weed smoke" in the car?? That is such an unwarranted violation of privacy rights. I have just been steaming all day about this. Imagine if those girls were your daughters. I would NEVER take a job where I was asked to search bodily cavities for a routine traffic stop. It's appalling enough it happens in jail. But what were the girls' options? If they resisted, they would have been arrested and it would have happened anyway. I guess not on the side of the road.
        and did anyone else pick up on the fact this took place in freedom loving Texas?
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  • Posted by khalling 12 years ago
    I was having this discussion with a friend last night who is a female retired sargent with the Seattle police department. She said, all officers are trained to perform that search. Second, if backup were called to the scene and the detaining officer requested the search, you would have performed it without question. Especially as a female officer, if she would have said she didn't want to do it or she questioned the reasoning of the other officer, it would have gone badly for her within her department. I didn't quite think of it this way before, but the male officer in this case should be more culpable than the female officer. Yet she is the one now on leave. Am I making a Nuremberg defense here? I don't really want to do that...
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  • Posted by flanap 12 years ago
    Well, just like the fact that some innocents will go to prison in an imperfect justice system, some police officers will search illegally from time to time. I don't think we need to legislate ourselves into perfection.
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    • Posted by khalling 12 years ago
      The laws are clear and that is the whole reason why we started the Revolution. Violating certain English subjects' rights through illegal search and seizure. The acts they actually put up with were trivial compared to what US citizens put up with today. While this seems like an anomaly, training of state troopers to even have protocol for such searches is ridiculous and appalling.
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      • Posted by flanap 12 years ago
        I fully agree that there is a purpose for the search and seizure laws and training officers as to when and how to carry them out is necessary; however, you cannot deny that perfect execution of this training, and even the training itself will result in no aberrant behavior.

        Such searches are definitely necessary as you cannot treat criminals as though they have all the rights of those who are not breaking the law.

        The search and seizure laws ride a fine line between whether a 3rd party, the officer, who is intervening with the supposed perpetrator and those to be harmed by their behavior. The entire purpose of these laws is to get to those actually committing a crime and those who are not...a lot of gray area in how to execute this, but needless to say, we are all glad there are officers out there doing this job as most of us would not be capable of stomaching such a duty.

        I won't get into the philosophy of self-detrimental behavior and whether we as a society need to intervene; however, my position is, and I think this is consistent with the Bible, that those that want to harm themselves do not necessarily place a responsibility on us to prevent them...people will absolutely find a way to do that which they want to. In the book of Proverbs in the Bible, a general truth stated is that if you rebuke a fool, he will hate you...if you rebuke a wise man, he will listen and be restored.
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        • Posted by khalling 12 years ago
          doing a body cavity search on the roadside before arrest (just detained) is outside of crazy. I think we have already argued in this post long about innocent before proven guilty and that the citizen has rights, even if questioned by a state trooper on the roadside.
          Let's talk about how much different we as a society have come in violations of human dignity just because law enforcement claims "safety" or "precaution" or "expedience" all of these reasons taking precedence over your Constitutional rights. Often the slippery slope begins with, well, if you weren't doing anything wrong in the first place, you'd have nothing to worry about. There have been hundreds of court battles on this very point and the answer was, oh-you weren't doing anything wrong, that should not have happened. But it did. Also, no one ever follows up with reasoned studies on deterrents such as body cavity searches and increased safety, so we never really know if such extreme measures on EVERYONE jailed actually even get out of the noise on positive security results. After all, most people driving down the road who are stopped have little to no time to shove a weapon into a body cavity. Now lets talk illegal drugs. To what degree of outside of enough is our society willing to go to to retrieve evidence if a drug crime is committed. Are we all so much safer because body cavity searches are performed. DId anyone even do routine body cavity searches say in the 60s? Are we Safer now than in the 60s? These measures, while I won't say were implemented to actually cow the population, end up having the same result. The procedure is draconian and dehumanizing and for the most part, unnecessary.
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  • Posted by ObjectiveAnalyst 12 years ago
    This is not America! This is an outrage! Sue their pants off! Literally! Let us see how they like it. How anyone could do this to a fellow citizen and call themselves an American is beyond comprehension… Anyone who approves of this violation under such a flimsy pretence is slime, and that is an insult to slime! I would like to hear from an honorable policeman as well as an attorney. What ever happened to Police being peace officers and protecting and serving? Today far too many seem like thugs working for the benefit of the state, mere revenuers…
    Disgusted,
    O.A.
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  • Posted by fivedollargold 12 years ago
    Sounds like a case of, "We don't like your attitude, so we're gonna humiliate you, and just try to stop us!" What were they expecting to find?? Couple of sadists in uniform.
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    • Posted by khalling 12 years ago
      Why is it accepted practice??? I contend that it has nothing to do with safety or even a favorable statistic on cavity search/contraband. This is an intimidation tactic, pure and simple. We are one step away from if you don't do what I say I am going to search your childs' body cavities, I am going to hold a gun to your child's head, confess. It is dehumanizing and should be illegal (shame on the Supreme Court). Those making policy are hoping for citizens' compliance in the name of the state. You are not a person, you are a vessel. Our vessel. Exactly what Robespierre used for sure. but if you are a good citizen, your orifices should be squeaky clean, no need to worry. I am so enraged at this!
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      • Posted by 12 years ago
        I have not gotten to rage yet. It just leaves a not in my stomach that we not only had this happen, but that the high court of the land has said it can happen. We are much farther down the road to fascism than I had thought before reading this article and checking the supreme court rulings.
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        • Posted by khalling 12 years ago
          I don't think this was an anomaly of sadistic criminals wearing state trooper uniforms. I think this may be happening everywhere.....except in Colorado and Washington on the side of the road
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