Legall search? Lawsuit worthy? What should happen to the cops?
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Thread: Legall search? Lawsuit worthy? What should happen to the cops?

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    Default Legall search? Lawsuit worthy? What should happen to the cops?

    Women Suing State Troopers Over Roadside Cavity Searches | NBC 5 Dallas-Fort Worth

    To summarize: A woman was pulled over for throwing cigarette butts out of the car window. She and her adult neice were quested about marijuana in the car. "It smells like a daily smoker" thus the cop searched her car without permission and called for a female officer to do a full cavity search. She wore latex gloves however didn't change the gloves at any point during the search.

    They found prescription hydrocodone in the car for which the driver had a valid prescription. Later they realized it was missing from her purse.

    They filed a complaint but nothing was done so they have gone to the media.

    The entire exchange is captured via dashboard camera.

    Oh, they were given a warning for the littering.

    ******

    Was this a legal search since the cop said the car smelled of a daily smoker?
    Was it appropriate for the cops to contuct the investigation they did over a misdemeanor crime?
    Is it lawsuit worthy?
    What should happen to the cops involved?

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    Quote Originally Posted by ethanwinfield View Post
    Women Suing State Troopers Over Roadside Cavity Searches | NBC 5 Dallas-Fort Worth

    To summarize: A woman was pulled over for throwing cigarette butts out of the car window. She and her adult neice were quested about marijuana in the car. "It smells like a daily smoker" thus the cop searched her car without permission and called for a female officer to do a full cavity search. She wore latex gloves however didn't change the gloves at any point during the search.

    They found prescription hydrocodone in the car for which the driver had a valid prescription. Later they realized it was missing from her purse.

    They filed a complaint but nothing was done so they have gone to the media.

    The entire exchange is captured via dashboard camera.

    Oh, they were given a warning for the littering.

    ******

    Was this a legal search since the cop said the car smelled of a daily smoker?
    Was it appropriate for the cops to contuct the investigation they did over a misdemeanor crime?
    Is it lawsuit worthy?
    What should happen to the cops involved?
    Tossing cigarettes here is a big fine, due to forest fires, so pulling over was fine.. Marijuana...It would be legal to search I think, long as it isn't legal in that state or they can't provide med card, like in Oregon. No cavity search for Marijuana though. Might depend on State, I am in a pretty liberal one and that wouldn't go over.. might for heroin.. not sure. Lawsuit.. not sure I hate them anyway. Cops should not be able do cavity searches unless the people are being processed and arrested.
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    Posting Addict GloriaInTX's Avatar
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    They had no probable cause even to search the car without a warrant. Unless you give them permission they have to get a warrant to even search the car, let alone do a cavity search. This was just wrong. I don't think they should get millions of dollars over it, but I think they were right to file a lawsuit to bring it to the attention of the public since no action was taken on their complaint. I do think the officers involved should face diciplinary action, not sure exactly what that should be but whatever punishment they apply for similar infractions should be applied.
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    Quote Originally Posted by GloriaInTX View Post
    They had no probable cause even to search the car without a warrant. Unless you give them permission they have to get a warrant to even search the car, let alone do a cavity search. This was just wrong. I don't think they should get millions of dollars over it, but I think they were right to file a lawsuit to bring it to the attention of the public since no action was taken on their complaint. I do think the officers involved should face diciplinary action, not sure exactly what that should be but whatever punishment they apply for similar infractions should be applied.
    This is the part that bothers me the most - the same glove for all four cavities. I asked SO last night, what if the first one had herpes? Or the second one got a UTI? Disgusting to me!
    Rivergallery and fuchsiasky like this.

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    Quote Originally Posted by Rivergallery View Post
    Tossing cigarettes here is a big fine, due to forest fires, so pulling over was fine.. Marijuana...It would be legal to search I think, long as it isn't legal in that state or they can't provide med card, like in Oregon. No cavity search for Marijuana though. Might depend on State, I am in a pretty liberal one and that wouldn't go over.. might for heroin.. not sure. Lawsuit.. not sure I hate them anyway. Cops should not be able do cavity searches unless the people are being processed and arrested.
    Here too for the same reason. But, they received just a warning for this.

    Search the car without permission for a misdemeanor due to thinking the car smelled like a habitual smoker? It's legal for a 16 or 17 YO to drive but not have cigarettes. If their parents' car smelled of daily cigarette smoke is that reasonable to search the minors and the car for cigarettes?

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    Ugh this is awful. I completely agree with Gloria and I am queasy over the thought of the same glove being used.

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    Community Host Sapphire Sunsets's Avatar
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    Holy crap!

    I don't think it was a legal search even though they suspected pot use, it wasn't her car. I can't believe they did a cavity search on the side of the road while people were driving by, if they felt the need to do that they should have arrested them (or taken into custody) and gone back to the police station to do it in privacy....I can see the women getting major $$$ just for that alone. Ick, on the using same set of gloves.

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    I have no experience with this: if her boyfriend did smoke pot in the car (on a daily basis?), would their fresh cigarette smoke mask the scent?

    I've been pulled over and told I smelled of alcohol. No, it was purfume. At what point does it go from reasonable to unreasonable?

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    Quote Originally Posted by ethanwinfield View Post
    This is the part that bothers me the most - the same glove for all four cavities. I asked SO last night, what if the first one had herpes? Or the second one got a UTI? Disgusting to me!
    I don't think the woman officer bears as much blame since she was not originally at the scene so may have not had any idea what went on previously or why she was asked to search them. But I agree using the same gloves was disgusting. Exactly the reason a search like this shouldn't have been done on the side of the road.
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    Overall I am not a fan of suing unless there is a really good reason. I think suing bares the blame of some of our medical cost problems.

    That said, I think it is absolutely terrible to do a full body cavity search unless you have a really good reason. What a violation. I am not sure I would get over something like that. I do think the officers should have to be at least talked to by their superiors.

    ~Bonita~

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