What would you do if this happened to you?

[Aunt Spiker]

The DPS officer was fired in January. Trooper Fired Over Roadside Cavity Search « CBS Dallas / Fort Worth

Good.

 

[OscarB63]

Good.

they should have given her a public cavity search first. you know, just to make sure she wasn't trying to steal any office suppies on her way out.

 

[Hard Truth]

If the cops had reasonable suspicion, and didn't do the cavity search in public view, it would have all been perfectly legal. One question to ask: if someone has drugs in one of their lower orifices, how can the police have reasonable suspicion,unless they saw the suspect put it there.

 

[Aunt Spiker]

If the cops had reasonable suspicion, and didn't do the cavity search in public view, it would have all been perfectly legal. One question to ask: if someone has drugs in one of their lower orifices, how can the police have reasonable suspicion,unless they saw the suspect put it there.

Yea - it would have been.

 

[Diving Mullah]

The police officer didn't even bother to change gloves.

In the immortal words of Gny.Sqt Hartman "Only steers and Assholes come from Texas, and they don't look much like a steer to me"

My reaction is....This is pretty much typical behavior of Texas State Police...So what else can you expect?

Diving Mullah

 

[nota bene]

Update:

AUSTIN — The Texas Department of Public Safety reinstated a state trooper on Friday that it fired for conducting a roadside cavity search during a traffic stop for speeding.

DPS Director Steve McCraw said he was rehiring Trooper Jennie Bui after a grand jury chose not to indict her for the incident in Brazoria County that has triggered a lawsuit by the two women involved.

"It was determined that the relatively inexperienced trooper was directed by a more senior trooper to conduct the inappropriate search," McCraw said in a statement issued late Friday afternoon. "While the actions of Trooper Bui constitute misconduct, I believe her actions are mitigated such that she should not be terminated from the agency."

Trooper who conducted cavity search reinstated - Houston Chronicle

 

[Captain Adverse]

If the cops had reasonable suspicion, and didn't do the cavity search in public view, it would have all been perfectly legal. One question to ask: if someone has drugs in one of their lower orifices, how can the police have reasonable suspicion,unless they saw the suspect put it there.

Really? I was under the impression that anything other than a pat down for weapons was prohibited unless an arrest was made. Then they may do an inventory search which requires you remove all property from your pockets before being locked up.

The first question I would ask of the officer who was writing me up for a citation for littering, and then asked me to get out of my car, would be "Am I Under Arrest?" If not I would state that I do not give permission to search my car and would prefer to remain sitting inside it. If I was then arrested, I would immediately invoke my right to a lawyer and remain ABSOLUTELY SILENT from that point on. Your silence can only be used against you IF you cooperate in answering ANY questions and then stop talking when they ask a "damning" question because then your silence would be a "response."

You do NOT have to voluntarily submit to a "cavity search" absent an arrest. Searches require probable cause, and smelling marijuana in a car seems insufficient probable cause for a cavity search. They can bring dogs if they want to for that. That's a clear violation of your Constitutonal right to privacy.

 

[Mason66]

Update:

AUSTIN — The Texas Department of Public Safety reinstated a state trooper on Friday that it fired for conducting a roadside cavity search during a traffic stop for speeding.

DPS Director Steve McCraw said he was rehiring Trooper Jennie Bui after a grand jury chose not to indict her for the incident in Brazoria County that has triggered a lawsuit by the two women involved.

"It was determined that the relatively inexperienced trooper was directed by a more senior trooper to conduct the inappropriate search," McCraw said in a statement issued late Friday afternoon. "While the actions of Trooper Bui constitute misconduct, I believe her actions are mitigated such that she should not be terminated from the agency."

Trooper who conducted cavity search reinstated - Houston Chronicle

That is a different name tan was in the news story on this.

The trooper was named as Kelly Helleson so who is this Bui person?

 

[Sherman123]

Update:

AUSTIN — The Texas Department of Public Safety reinstated a state trooper on Friday that it fired for conducting a roadside cavity search during a traffic stop for speeding.

DPS Director Steve McCraw said he was rehiring Trooper Jennie Bui after a grand jury chose not to indict her for the incident in Brazoria County that has triggered a lawsuit by the two women involved.

"It was determined that the relatively inexperienced trooper was directed by a more senior trooper to conduct the inappropriate search," McCraw said in a statement issued late Friday afternoon. "While the actions of Trooper Bui constitute misconduct, I believe her actions are mitigated such that she should not be terminated from the agency."

Trooper who conducted cavity search reinstated - Houston Chronicle

Police are almost never fired. The combination of playing for team justice, a powerful public sector union, the pandering of politicians, and a warped public perception of law enforcement makes it one of the most resilient jobs in the United States.

 

[Juanita]

The police officer didn't even bother to change gloves.

I couldn't hear it too well--what was the cop's probable cause? I have never seen or heard of this type of humiliation before.. It cannot be legal...

 

[YoungConserv]

If there was no warrant or consent to this search could the girl yell rape and shoot the cop?

 

[Smeagol]

I'm appalled. Right out in public, too. That should be illegal. If cops think you have MJ on your person? They should have to take you into the police station. This is wrong, in my opinion.

The police department in that jurisdiction needs to be held accountable with some financial settlements that will be life altering for the victims. I think twice the police officers salary for life is what I'd want.

 

[Smeagol]

If there was no warrant or consent to this search could the girl yell rape and shoot the cop?

I think due to the high crime rate laws regarding rights of people in cars lean in favor of greater police authority than in a home. If I'm not mistaken police don't need a search warrant to search people is they're in a car as long as there is some other legitimate "probable cause" reason they were stopped. This could include something as simple as an expired tag.

You mention the sexual violation of this search. What the police do to cover that concern is they only allow police officers of the same gender to perform sexually invasive searches, which in my opinion creates big conflicts with the changing paradigm related to sexual orientation. If a criminal suspect is gay, having a police officer of the same sex perform a sexually invasive body cavity search would be a greater violation than of the opposite sex, not to mention if the police office is gay. Am I misunderstanding anything?

 

[Smeagol]

The police officer didn't even bother to change gloves.

I think its fair to assume the police officer was only concerned with keeping her own hands sanitary and the health of the victims never crossed her mind.

 

[Smeagol]

The DPS officer was fired in January. Trooper Fired Over Roadside Cavity Search « CBS Dallas / Fort Worth

This might surprise people but I don't think firing the officer is the solution. I'd be willing to bet she honestly thought she was doing the right thing and was not being malicious. In my view the proper solution would have been a temporary suspension of the officer, better training throughout the police department and generous compensatory damages paid to the victims.

 

[lolabird]

I think its fair to assume the police officer was only concerned with keeping her own hands sanitary and the health of the victims never crossed her mind.

It seems too polite to call her a police officer, doesn't it?
She's a blemish on America's landscape.

 

[Lutherf]

I couldn't hear it too well--what was the cop's probable cause? I have never seen or heard of this type of humiliation before.. It cannot be legal...

The "probable cause" is that the cop says he smelled marijuana (none was found).

 

[Lutherf]

That is a different name tan was in the news story on this.

The trooper was named as Kelly Helleson so who is this Bui person?

There have been multiple complaints filed on similar circumstances and, presumably, a lot of similar circumstances where no complaint was filed.

 

[Smeagol]

It seems too polite to call her a police officer, doesn't it?
She's a blemish on America's landscape.

People do dumb things, make mistakes, etc. The whole thing seems to have been orchestrated by the first male officer. It looks like the whole police department needs training and an revamping of their strip search policies as it appears they really thought they were doing the right thing. Notwithstanding, both ladies need to be set for life at police department expense.