ANSWERS: 3
  • usually, yes. there may be special circumstances that may invalidate this answer. ultimately, a judge would decide on matters such as these. frankly, if no harm came of the incident, i wouldn't worry about it.
  • It depends on various elements of the situation you did not reveal. What were they stopped for? What was the officer's reasoning for a pat down? A stop and frisk or "Terry Stop" usually requires some kind of reasonable suspicion to justify the officer's actions. Reasonable suspicion is less than probable cause, but must be based on specific and articulable facts and must be more than a mere hunch. He would need to have observed or had reasonable suspicion that an actual violation of some law or ordinance had been or was about to be committed in order to stop the vehicle. To frisk someone, the officer only needs to suspect the person of possessing some kind of dangerous weapon that could be used against the officer(after reasonable suspicion has been established to justify the stop). If your daughter was stopped for a minor traffic violation, doesn't have a bad or violent record, and her other passengers didn't do anything wrong, then I would argue the frisk was unreasonable and the cop was being a pervert, especially if she was the only one who got a pat down. If she was unruly and has had previous run-ins with law enforcement, then I would argue that the frisk was reasonable. There is nothing that says a male officer cannot frisk a female suspect, nor that a female officer cannot frisk a male suspect. The point is cops cannot frisk anyone they want to in any situation. They cannot frisk someone as a tool to "gather evidence" and are only supposed to do so as a crime preventative or to insure the officer's protection. The U.S. Supreme Court Ruling in "Terry v. Ohio" can provide more information. My last notion to you is that if your daughter was stopped for no reason at all and no citations were issued or arrests made, the cop had no business putting his hands on her and you should file a complaint with the police department. If she is under 18, I would definately consider a lawsuit against the police department if you can prove the frisk was unreasonable. Police officers need to pay more attention to the constitution and observe the rights of citizens. They become tyrants on a power trip if they're not kept in check. Hope I was able to help.

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