Illegal Strip Search?

[tracey610]

What is the name of your state (Virginia)?

I was with a friend at a hotel room when a warrant was served on him for his arrest. After he was arrested, I was question about my involvement. I answered the questions and told them I was not involved. They asked to search the room and I said it wasnt mine to give consent and asked if I was under arrest. They said no so I asked to leave. They said not until I was searched. I was then patted down, nothing found. They asked me several times to search the hotel room and I kept saying that it wasnt mine to give consent. I asked again if I was under arrest, again the answer was no so I again asked to leave and was informed I could not leave until I was strip searched because I could be 'hiding drugs' on my person. I asked for a lawyer and was advised I didnt need one because I was not under arrest. I asked for them to call my mom to come be with me ( I just turned 18 and wanted my mom with me) I was told no. I was crying and upset and just wanted to leave and was told repeatedly that I could not leave until I was strip searched by a female officer. I said no but hey called her in anyway and was told i would would held indefinitely until I was searched. When she arrived I was taken to the bathroom and told to remove all my clothing except my underwear and was asked to squat and cough 4 times. Nothing was found and I was finally allowed to leave. Throughout the search I kept saying it wasnt right and that I wanted a lawyer or a witness of my choosing present. I was told this is what happens when 'you hang out with drug dealers'.
I felt violated. Even the guy who was arrested wasnt strip searched and wasnt even strip searched when he was checked into the jail.
I was not named in his warrant, did nothing wrong, have no criminal record and was not charged with anything.

 

[Ohiogal]

What is the name of your state (Virginia)?

I was with a friend at a hotel room when a warrant was served on him for his arrest. After he was arrested, I was question about my involvement. I answered the questions and told them I was not involved. They asked to search the room and I said it wasnt mine to give consent and asked if I was under arrest. They said no so I asked to leave. They said not until I was searched. I was then patted down, nothing found. They asked me several times to search the hotel room and I kept saying that it wasnt mine to give consent. I asked again if I was under arrest, again the answer was no so I again asked to leave and was informed I could not leave until I was strip searched because I could be 'hiding drugs' on my person. I asked for a lawyer and was advised I didnt need one because I was not under arrest. I asked for them to call my mom to come be with me ( I just turned 18 and wanted my mom with me) I was told no. I was crying and upset and just wanted to leave and was told repeatedly that I could not leave until I was strip searched by a female officer. I said no but hey called her in anyway and was told i would would held indefinitely until I was searched. When she arrived I was taken to the bathroom and told to remove all my clothing except my underwear and was asked to squat and cough 4 times. Nothing was found and I was finally allowed to leave. Throughout the search I kept saying it wasnt right and that I wanted a lawyer or a witness of my choosing present. I was told this is what happens when 'you hang out with drug dealers'.
I felt violated. Even the guy who was arrested wasnt strip searched and wasnt even strip searched when he was checked into the jail.
I was not named in his warrant, did nothing wrong, have no criminal record and was not charged with anything.

a) why didn't you give them permission to search the hotel room?
b) Why were you in a hotel room with this guy?
c) What was this guy's warrant in regards to?
d) how long was the guy in jail? Because if he changed clothes, HE WAS strip searched.

 

[tranquility]

Who cares about ANY of those questions? The police coerced consent and otherwise violated the law. The OP should see a civil rights attorney.

§ 19.2-59.1. Strip searches prohibited; exceptions; how strip searches conducted.

A. No person in custodial arrest for a traffic infraction, Class 3 or Class 4 misdemeanor, or a violation of a city, county, or town ordinance, which is punishable by no more than thirty days in jail shall be strip searched unless there is reasonable cause to believe on the part of a law-enforcement officer authorizing the search that the individual is concealing a weapon. All strip searches conducted under this section shall be performed by persons of the same sex as the person arrested and on premises where the search cannot be observed by persons not physically conducting the search.

B. A regional jail superintendent or the chief of police or the sheriff of the county or city shall develop a written policy regarding strip searches.

C. A search of any body cavity must be performed under sanitary conditions and a search of any body cavity, other than the mouth, shall be conducted either by or under the supervision of medically trained personnel.

D. Strip searches authorized pursuant to the exceptions stated in subsection A of this section shall be conducted by a law-enforcement officer as defined in § 9.1-101.

E. The provisions of this section shall not apply when the person is taken into custody by or remanded to a law-enforcement officer pursuant to a circuit or district court order.

F. For purposes of this section, "strip search" shall mean having an arrested person remove or arrange some or all of his clothing so as to permit a visual inspection of the genitals, buttocks, anus, female breasts, or undergarments of such person.

G. Nothing in this section shall prohibit a sheriff or a regional jail superintendent from requiring that inmates take hot water and soap showers and be subjected to visual inspection upon assignment to the general population area of the jail or upon determination by the sheriff or regional jail superintendent that the inmate must be held at the jail by reason of his inability to post bond after reasonable opportunity to do so.

(1981, c. 608; 1995, c. 112.)

 

[Ohiogal]

Who cares about ANY of those questions? The police coerced consent and otherwise violated the law. The OP should see a civil rights attorney.

Is your argument because she was NOT under arrest or was released after the strip search?

 

[tracey610]

a) why didn't you give them permission to search the hotel room?
b) Why were you in a hotel room with this guy?
c) What was this guy's warrant in regards to?
d) how long was the guy in jail? Because if he changed clothes, HE WAS strip searched.


a)I didnt give them permission because it wasnt mine to give consent. It was not in my name. I kept telling them that.

b)I was in the room visiting him. Not sure why it matters though. Obviously I didnt know he was in trouble or I would not have been there.

c)Initially they never said what he was arrested for but later I found out later it was for selling crack cocaine to a wired informant.

d) The guy is still in jail. Was given no bond and he was NOT strip searched at the hotel or at the jail when he was processed.

The police were DEA, plain clothes cops--so they say and I was never given a name or badge for any of the 4. The lady officer who strip searched me was in uniform. Also--they never did obtain a warrant to search the room. When I was allowed to finally leave the officers left with me and never returned with a warrant to search the room.

I have tried to obtain info from the police about the entire incident.....but was given nothing because they said nothing has my name on it and the stip search was never documented so there is nothing tangible that shows what happened. All info pertaining to the arrest of my friend and what happened is none of my business they told me. I know there is some type of documentation of the arrest and what happened inside that room but I dont know how to go about getting it.


TIA for all replies.

 

[Ozark_Sophist]

She was not free to go, so I agree with tranq that OP was under custodial arrest.

 

[tranquility]

Well, there is no probable cause for the search in the first place without individualized suspicion. (The suspect did not go through the same thing.) But,

C. A search of any body cavity must be performed under sanitary conditions and a search of any body cavity, other than the mouth, shall be conducted either by or under the supervision of medically trained personnel.

I could not leave until I was strip searched by a female officer. I said no but hey called her in anyway and was told i would would held indefinitely until I was searched. When she arrived I was taken to the bathroom and told to remove all my clothing except my underwear and was asked to squat and cough 4 times.

Was the female officer a medically trained personnel?

 

[tracey610]

Is your argument because she was NOT under arrest or was released after the strip search?
_______________

If this question is for me, Im not sure what my argument is. I just feel like I was strip searched unlawfully, especially since there was no warrant to search the room and since the person they came to arrest in the first place wasnt even searched. He was merely patted down upon arrest.
I just dont see how its legal to strip search someone who is not under arrest. I feel I was coerced into stripping or I wasnt allowed to leave. They kept saying 'we've got all day and all night to detain you until you are searched'.

They obviously thought I was hiding drugs but found none.....nothing. In fact they never found anything drug related on me, my friend or in the hotel room.

It was completely humiliating to be stripped down to my thongs and asked to squat and cough 4 times.

 

[tracey610]

What is custodial arrest???


Was the female officer a medically trained personnel?**************....
The female officer was my school resource officer. Im a Senior still in high school. I just turned 18 in January. I do not believe she is medically trained in anything.

 

[tranquility]

What is custodial arrest???

Ohiogal's question was to me and had to do with the fact the statute seems to deal with those arrested and not detained. Personally, I don't think you were arrested, but detained. It is unlikely you have less rights under a detention than an arrest. However, a counter to what I think would be that in a detention, the police have a right to do a reasonable investigation. Is a strip search based on the facts a "reasonable" investigation? I don't think so. If they had enough probable cause to search the person because of an individualized suspicion you had drugs on you, they could get a warrant. But, I don't see how they can force such a search without one--especially when they did it without complying with state law for arrestees.

That's why they needed your consent. Clearly the claim of indefinite holding unless you consent is coercion. If they had probable cause to arrest you they should have done so and search you properly under state law.

 

[tracey610]

Should I contact American Civil Liberties Union?

Im barely 18 and have no money for a civil rights attorney. Are there attorneys who will take my case pro bono?

I REALLY want to file a criminal case against them. I dont feel like anyone should be treated this way.

 

[tranquility]

Should I contact American Civil Liberties Union?

You might.

Google something like virginia strip search student to see a number of class actions on the matter prosecuted by the ACLU. They won't take your case, but they might if there is a pattern or practice of those actions. You will find others who have gotten compensation for similar things, although the facts are not quite the same.

Im barely 18 and have no money for a civil rights attorney. Are there attorneys who will take my case pro bono?

Probably not. But you might get one to take it on contingency.

I REALLY want to file a criminal case against them. I dont feel like anyone should be treated this way.

File a police report for violation of the statute I posted. But, the government doesn't put government agents in jail as a general rule.

 

[tracey610]

I have thought alot about filing a complaint but am scared at this point without an attorney. I live in a small town in Virginia and the 'good ole boy' mentality is alive and well. (BTW--this is not a race thing. My friend who was arrested and myself are both white.)


I think the entire incident from start to finish was shady and I highly doubt they documented all that was said and done from the time they first knocked on the door until they left. These men were dressed in plain clothes never showed me a badge or gave their name or anything like that. They didnt even ask for a picture ID from me, just asked my SSN and ran it. They badgered me and treated me like a true criminal the entire time---one guy especially. Then the entire strip search thing just took it to another level for me.
I am very angry over it all.

 

[startedone]

Go see a lawyer .. it will not hurt to go see one.

 

[tracey610]

Thank you all!