Legality of Physical Searches - Assault? What is the name of your state? Washington
Two friends and I were recently in a gas station purchasing food. One of my friends takes out his cell phone, reads a text, and puts his it back in his pocket. A cop who was waiting in line at the cashier comes over and pats my friend's pockets down, and then when asks him what he put in his pocket. He replied that it was his cell, and takes it out to show the cop. The cop replies: "I thought you were shoplifting."
Is it within the cop's rights to touch my friend BEFORE asking him what he put into his pocket? I feel that, without first confronting him verbally, this was an invasion of his privacy. Was it? Also: because it was his front pants pocket - near his crotch - could this constitute assault or sexual assault?
There were no repercussions, but I live in a community where irresponsible driving / speeding is a noticeable problem and if cops are ignoring problems on the road to perform illegal searches, I intend to take some action.
Thanks. |