When is a male officer allowed to touch a bare female breast in a arrest?

Question

i was put under arrest and a male officer touched my bare breast in a search... how is that right ? There was no female officer present.

Answer 1

"When is a male officer allowed to touch a bare female breast in a arrest? i was put under arrest and a male officer touched my bare breast in a search... how is that right ? There was no female officer present."

There is no quick answer to your question.

A law enforcement officer is empowered to conduct a quick "pat down" to ensure his own safety incident to a stop-- he doesn't even have to arrest you. And there is no same-sex requirement for such searches in the eyes of the law.

That said, many police departments have regulations that call for same-sex officers to conduct searches whenever possible. And searches incident to incarceration (that often involve a body cavity search) generally follow stricter guidelines.

But the power to conduct a search does not create the liberty to grope. An officer searching a woman should feel under and between breasts (if they are large enough) using a scrunching motion of the hand (not patting) against the clothed body and along any undergarments that might hide something. Squeezing the breast or touching the area around the nipple is generally not necessary-- although bulky clothing might require it.

If you were bare-- wearing nothing that could hide a weapon or contraband-- and the officer touched your breasts with his hands as part of the search (not just brushed against you), then you should file a complaint. If you feel you have enough evidence to prove it, you might even consider filing a civil action in circuit court.

[This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

Answer 2

1

Answer 3

Bare Female Breast

Answer 4

And why would you have been bare?
What were you arrested for?
If you were struggling and accidentally disrobed or were naked in public, what exactly is your complaint?
The officer does have a right to protect himself.
If he felt you were a threat, he does have the right to do a search even if there is no other officer present.
An inadvertant touch is much different than a groping.
Give ALL the facts.

Answer 5

There are so few law enforcement officials that are woman - it may be uncommon to have one available. In a severe possibility arrest an arrestee won't be waiting to alter or positioned on outfits in any respect. For detention center processing, strip looking and physique hollow area looking (which generally happens on the detention center) it somewhat is a lot greater probably for a woman officer to be available. while you're enticing in interest which will effect in arrest - you may in all probability attempt to shop some outfits on in any respect circumstances.

Answer 6

When there is no female officer available. The suspect has to be searched, and it isn't always possible to have a woman officer there. My hometown police department consisted of 2 officers, both men - so they can't arrest a woman??

Answer 7

Basically never. However if the search was justified and he didnt grope you or anything like that then nothing will ever happen to the officer

Answer 8

never. a female officer should have been called to the scene if there is to be a search or arrest.

Answer 9

it's not right it's illagle!!!! BY LAW if a male officer arrests a female suspect he has to call for a female back up unit. if you have any proof/witnesses take him to court or it'll be your word against his and they usually believe the cop

Answer 10

They arent ever allowed to do that, go file a formal complaint and get a lawyer....what a peice of crap that cop is......like most cops they think they are untouchable and abuse power. If your breast is BARE then there is nothing to PAT down, its already in plain sight. Do you live in a 1 horse town where the cops are brothers and bang each other at night and there is no "real law" there, just some idiots who play cop? lol Also, get his name a badge number and just send an anonymus note to the IRS saying this guy cheats on his taxes lol, because he probably does.