San Antonio, TX asked in Criminal Law for Texas

Q: Is it legal for the police officer who stopped me to put her hands down my pants and up my shirt under my bra?

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1 Lawyer Answer

A: Being stopped by the police and subsequently searched is never a pleasant experience. An officer can illegally stop you in three situations: in a voluntary encounter, with reasonable suspicion, or with probable cause. Here is a good summary: http://versustexas.com/criminal/can-police-stop-me/. If you are legally stopped, police may search you in four situations: Terry frisk (this is a pat down search over your clothes), consent to search (may reasonably extend as far as your consent does), probable cause to search (may be to the extent reasonable to search for the item for which probable cause was developed, and an incarceration search (this may be a complete strip search post arrest). If police officer extend the boundaries of the proper search in the proper situation, they have acted illegally and any contraband found could be inadmissible in court under the Exclusionary Rule. In rare circumstances officers can be suspended and sued for what is akin to a sexual assault. For example, where cavity searches are completed on the side of the road in front of passing vehicles. If you were searched or arrested you will want to contact an experienced criminal defense attorney to assist you.

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