Winder, GA asked in Criminal Law for Georgia

Q: Is it illegal for a woman officer to search a man the side of the road . There where only two women no man on the scene

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2 Lawyer Answers
Morris  Margulis
Morris Margulis
Answered
  • Criminal Law Lawyer
  • Duluth, GA
  • Licensed in Georgia

A: No, it is common for officers to perform pat-down searches on their oppositely gendered suspects.

Of course, there may still be other legal issues with the search, including why it happened and how it was performed.

Zachary Taylor Beck
Zachary Taylor Beck
Answered
  • Criminal Law Lawyer
  • Rome, GA
  • Licensed in Georgia

A: No, it is not illegal. Of course, it may be good practice or the police department's policy to conduct same gendered roadside pat downs when practically possible. However, there is no statute which requires same gendered roadside pat downs.

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