A pat-down search is using your hands to feel the various parts of the clothed body, seeking contraband. The most common of those searches is the pat-down search, which is simply defined as seeking or hunting for something. We will get through this together.Quiz: Are your contraband search skills up to snuff? With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles and San Diego, there is an experienced Wallin & Klarich criminal defense attorney available to help you no matter where you work or live.Ĭontact our law firm today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. Our skilled lawyers have more than 40 years of experience successfully defending clients facing criminal charges. If you believe your rights were violated during an arrest, you should contact our experienced criminal defense attorneys at Wallin & Klarich as soon as possible. Contact the Experienced Criminal Defense Attorneys at Wallin & Klarich Today If you were subject to a strip search or body cavity search and you believe the very strict requirements to conduct these kinds of searches were not followed, your experienced criminal defense lawyer may have grounds to challenge the use of any evidence found during the search. Additionally, law enforcement officers are not allowed to physically search your genitals. Emergency medical technician Level II licensed to practice in Californiaīased on PC 4030, law enforcement officers are not allowed to visually search your genitals without a first obtaining written permission from a supervisor.Additionally, the search must be conducted under sanitary conditions and only by one of the following: 757 (1966) that a body cavity search requires a search warrant to be issued before the search. The requirements for a body cavity search are much stricter. Body Cavity SearchĪlternatively, the officer might conduct a physical body cavity search, in which he or she will physically intrude into your anus or vagina to discover if any objects are hidden inside your body. If that reasonable suspicion exists, the supervising officer on duty must provide written authorization for the search, including declaring the specific and articulable facts and circumstances upon which the supervisor made the determination for the search. You cannot be subject to a strip search without the officers having a reasonable suspicion that a concealed weapon or contraband will be found. Under PC 4030, an officer conducting a visual strip search “shall not touch the breasts, buttocks, or genitalia of the person being searched.” This type of search is a visual inspection of your genitals and buttocks for any concealed weapon or contraband. There are different rules for each type of search. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.”Ī “strip search” could refer to one of two different types of searches: a visual strip search or a physical body cavity search. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. This law states: “The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. This issue with strip searches was so widespread that California Penal Code Section 4030 was passed. The problem with strip searches is that officers can very easily abuse their authority when conducting such a search. However, there are very strict requirements for a strip search, and if the police violate these requirements, an experienced criminal defense attorney may be able to have any evidence they find thrown out by the court. So, when a law enforcement officer asks you to submit to a strip search, you may think you have to comply with this request. You may be too overwhelmed to think straight. When you are arrested for a crime, you will probably be frightened and anxious. Police Can’t Search Your Genitals without a Search Warrant (PC 4030)
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