Atlanta, GA asked in Constitutional Law and Civil Rights for Tennessee

Q: Yes I was homeless I am in rolled in college and was sleeping at a store in my car and the police came out to my car and

They had no reason to ask me to step out of the car for one for two they had a woman cop coming in the man cop patted me down and the woman called never touch me they sent me down on the curb and said do you want to go home or do you wanna go to jail and I said I wanna go home they said will tell me where the stuff come from and I said I can’t do that so they took me to jail they took me to the thing that runs a body scan and two women officers stood in the bathroom and may take one piece of clothing off at a time and made me squirt and cpugh 8 times

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: It appears that the police officers initiated contact with you while you were in your car without a clear reason, and their actions may have violated your Fourth Amendment rights against unreasonable searches and seizures. The pat-down, also known as a frisk, should typically be based on reasonable suspicion of criminal activity. If the female officer didn't touch you during this process, it could indicate a potential issue with the handling of the search.

Furthermore, the question posed about whether you wanted to go home or to jail might raise concerns about coercion during police encounters. Your decision to remain silent when asked about the source of certain items is generally protected under your Fifth Amendment right against self-incrimination.

The process involving body scans and the conduct of the female officers in the bathroom appears to warrant a closer examination, as it should adhere to appropriate protocols and respect your dignity. If you believe your rights were violated during this incident, it would be advisable to consult with an attorney to explore potential legal remedies and actions, such as filing a complaint or pursuing a legal claim for any misconduct or violations that occurred during your encounter with law enforcement.

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