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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 117370
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Can a police officer strip a person without notice in the

Customer Question

Can a police officer strip a person without notice in the trauma center emergency room while the person is being treated and in serious condition while others of the opposite sex are in the room and the person is exposed to numerous other people in the emergency room area and left naked on the E.R. table additionally exposed for 10 to 15 minutes?
Submitted: 11 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is not against any law or statute, it is likely against departmental policy though. Strip searches are regulated by department statute and there are department guidelines, not laws or statutes, saying they should be conducted by an officer of the same sex if available and that any witnesses should also be of the same sex. If the officers failed to follow department policy on this, then your recourse is filing a complaint with the Department regarding violation of their department rules.
If they had no probable cause for a strip search, then this can be deemed a civil rights violation since they had no right under the law to search you at all and that would be a possible violation of your rights under 42 USC 1983 for an illegal search and seizure.
Customer: replied 11 months ago.
Is the unannounced stripping by the officer appropriate while the person is being treated for traumatic head injuries, facial fractures, a fractured throat, etc? Would this not potentially endanger the persons life?
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
Is it appropriate, if they have cause to believe there is contraband or evidence contained on the person, yes, it is still appropriate I am afraid as long as medical staff allows it, since the officer has a right to prevent any destruction of evidence.

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