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Isn't this against his rights??? --further explanation

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S

Sumrim

Guest
I previously asked about a legal matter regarding an incident that occurred during the Thanksgiving holiday. A friend and I were going to South Carolina and we were pulled over by the police. My friend's license came up suspended (whether they really are or not I'm not sure). He was arrested and the car was searched for an hour. Once he got to the jail they searched his prothesis (artificial leg). Two different officers did this. I was asking if this was legal..not if arresting him or searching the car was, but if it is legal for the police officials to search his prothesis. We were told that this was against his rights.
In response to your question, no, I was not arrested, they only searched my purse and the jacket I was wearing and let me go. Whatever they were so persistent on finding was never found either (if all of this is important).
I would like to know if you could offer your knowledge on the legal rights of the disabled during police searches, and what the limits are, or where I can find this information.
 


M

makanai

Guest
Tough question. In all likelyhood this could be considered a search incident to a lawful arrest (assuming the arrest is lawful), in which case the defendant's person may be searched.

I am not aware of an exception to this based on disability and prosthetics. A civil rights attorney may have better information.
 

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