Can a male police officer frisk my 13 year old girl?

Michael

Generally, the only time a male officer can frisk a woman is when there is a suspicion that there are weapons involved.

If the officer wanted to check your daughter out for stolen items, he should have called for a female officer or had one of the store's female clerks/security officer check her.

Handcuffing is usually a matter of policy and generally an officer safety issue; however, I have to wonder what he was waiting for. If he arrested her she should have been transported to the Station House right away.

Not allowing her to use a bathroom is also a policy matter and safety issue. The officer does not want to lose evidence by having her dump stolen items in the bathroom. However, he already frisked her, so none of that should have been a problem.

I think you have grounds for a complaint. If you live in a large city, the department probably has an Internal Affairs Division or Civilian Review Board that investigates citizen complaints like this. If you live in a smaller town, without a formal complaint process, you can complain directly to the Police Chief or to the Mayor of the City.

glamorousvivica

Was it a cop or a security guard? They both look the same sometimes...especially to a 13 year old. That said, in either case, he definitely broke some rules here and you need to file a complaint IMMEDIATELY!! Male officers...security or police...are not allowed to frisk females!! And not allowing her to use the bathroom was probably an offense, as well. Lodge a formal complaint over the phone, then follow it up in writing.

Dr. Phil of sh!t

If a Male cop frisked my 13 year old daughter he would need a dentist cause I would knock his teeth out.
Sue the azzhole.

Erin

Only female officers can feel a girl suspect for stolen items. I don't really know the law, but if he didn't find any shoplifted stuff with her, I don't know why he didn't let her go to the bathroom. He could just wait outside if he was that paranoid. Or send of female officer in with her (if the bathroom has many stalls of course). I don't know why he would even need to do that since she was clean. The handcuffing was uneccessary I think. I don't see his logic...

Sgt. Streb

I hear this one a lot. Here is your answer:

THERE IS NO LAW THAT SAYS A MALE OFFICER CANNOT FRISK A FEMALE. It does not matter how old she is. It is perfectly legal to do a "pat-down" of the outer clothing of a female to check for weapons. Some departments discourage officers from doing this, but most of them don't. Some departments instruct the officers to use the back of their hands to frisk a female, but again this is a department policy, not a law.

Furthermore, most officers will not permit someone who is being detained to use the bathroom, since it usually results in drugs and other evidence getting flushed. Maybe her brother should have stepped up and admitted that she had nothing to do with it.

If you really want to pursue this, you can report the officer to a supervisor but depending on the department's policy he probably didn't violate any rules. You have no hope in winning a lawsuit, since everything the officer did was legal and the case would never make it to trial since the officer has Qualified Immunity.

batman is dead

yea right !!!

Katie

Again, it depends on local laws and state regulations. You people really have to list what state your from. Anyway in texas a female has to be patted down by a female officer. You can also request a female to be present if a male asks you to step out of your vehicle. Yes they can deny her the bathroom when you are in police custody, you have few rights guilty or not. You can file a grevience on the officer with the local agency for conduct unbecoming. Also you need to make sure this was an actual cop and not a rent a cop the laws do not apply the same way to a citizen.

Jason

Most of these answers are false. A male officer can frisk a female. There is certqin training that covers how to do this. Guns are small and why would you want a possibly armed suspect next to you. Handcuffing is appropriate as well. Not all departments have females working every shift and that doesn't mean they should walk around unsearched. With that being said, a smart male officer should ask for a female officer if a complete search is necessary. A frisk of the outter clothing and pockets isn't only appropiate it may mean the difference between lifew and death. Sometimes the most unsuspecting people will be the ones who attempt to kill you.

Jilly

I would speak to his superior he should not have frisked her and he shouldn't have stopped her from using the toilet, and she should not have had handcuffs on, what sort of Police officer is he , don't let him get away with this.

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