Asked in Civil Rights for Florida

Q: Can a male officer search a female without anyone else present before they put them in patrol car?

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1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Civil Rights Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: I'm assuming from your brief description that you mean there is a search incident to a valid arrest, meaning there is a decision to arrest based on a determination that probable cause for the arrest exists, and there's a pat-down bodily search (on outside of clothing) to confirm the arrestee has no weapon, and furthermore, the pat-down is no more intrusive than necessary for that purpose. If that is the case, yes, the arresting officer is not legally required to have another officer present for the pat-down. If my above assumption of the facts is incorrect, you should re-post your inquiry with additional facts.

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