Cop broke the law?

[vix86]

What is the name of your state (only U.S. law)? Texas

This is in conjunction with another post of mine involving a friend of mine.

https://forum.freeadvice.com/other-crimes-federal-state-4/framed-over-shoplifting-474685.html#post2302797

The jist of the situation is that someone that doesn't like her planted some stolen merchandise on her and she set the detectors off when she was walking out. They stopped her and held her. I learned a little more today about what went on during the time that the cop was processing her. I'm almost certain most of this was illegal. I'll break it into two points.

1) First, she said the cop cuffed her and threw her in the back of his car. He said "You've been charged." He didn't read her her Miranda rights. I googled a little and it seems there are some intricacies involving whether a cop has to read her her rights or not, but they cuffed her threw her in the police car, took her to the station and processed her and she spent a night in jail. She has a court date and all. So I'm assuming there isn't any fine line that could be walked here concerning whether they had to read her her rights. In this case they HAD to read her her rights, correct? I've instructed her to tell her public defender this information, but it'd be nice to know before the date if she has a good chance of having the case thrown out because the cop screwed up.

2) Second, while she was being held in the store and being questioned/processed on scene by the cop. The cop patted her down. This was a male cop. My friend said something to the effect of "I don't feel comfortable having a male cop search me, could I please have a female cop search me instead?" She was wearing slightly skimpy clothes at the time and doesn't feel comfortable having strangers touch her in places. Incidentally, the cop told her and her friend with her to shut up and be quiet and proceeded to search her anyway; she broke down into tears. Probably not important either, but the manager of the store was there and also told the cop that "her clothes aren't very concealing so a search probably isn't necessary." Whether this has any importance or not I don't know, but there was her friend and the manager there that witnessed all of this. I also informed her to tell her public defender about this incident as well. I'm not sure what I'm looking for here, but I guess I'm just looking for confirmation that the cop stepped way out of line in this instance?

Thanks again,
Vix.

 

[CavemanLawyer]

Miranda is read when an officer wants to interrogate someone under custodial arrest. Despite what happens in all of the cop tv shows, when you are placed under arrest you are rarely read your miranda warnings and there's no reason that you would have them read to you. At the very worst, failure to read the warnings would mean that any statements made during the custodial interrogation would be suppressed in trial.

If an officer arrests someone they have the legal authority to do a search of their person pursuant to an arrest. It might have been more polite to call for a female officer but that is not required and the search is not unlawful because she didn't like it. Maybe the store employee's remark might make the jury feel sorry for your friend, but that store employee also does not have any experience as a police officer. I'm sure there are horror stories where an officer chose not to search a female because her clothes didn't appear to be able to hide something, only for the female to pull a gun or knife out of her mini-skirt later.

It sounds like the cop might have been a bit rude or at most a jerk. None of these things are unlawful though.

 

[vix86]

Miranda is read when an officer wants to interrogate someone under custodial arrest. Despite what happens in all of the cop tv shows, when you are placed under arrest you are rarely read your miranda warnings and there's no reason that you would have them read to you. At the very worst, failure to read the warnings would mean that any statements made during the custodial interrogation would be suppressed in trial.

If an officer arrests someone they have the legal authority to do a search of their person pursuant to an arrest. It might have been more polite to call for a female officer but that is not required and the search is not unlawful because she didn't like it. Maybe the store employee's remark might make the jury feel sorry for your friend, but that store employee also does not have any experience as a police officer. I'm sure there are horror stories where an officer chose not to search a female because her clothes didn't appear to be able to hide something, only for the female to pull a gun or knife out of her mini-skirt later.

It sounds like the cop might have been a bit rude or at most a jerk. None of these things are unlawful though.

Ah I see, good to know. Thank you.