A pair of videos posted online show police probing the
private parts and anal regions of three women they claim to suspect of
possessing marijuana. In one video, a woman is seen bent over and grimacing as
an off camera police officer conducts the search. Shortly before this search, a
male officer explains to the woman that he is calling a female officer over
“because I ain’t about to get up close and personal with your woman areas.”
The videos depict two vehicle stops, one for speeding and
another for littering. In both videos, a
male officer asks the women if they have any marijuana in
the vehicle, suggesting that the purpose of their search is to find evidence of
this drug. At one point, immediately before conducting her search of a woman’s
private parts, a female officer warns the woman that if she “hid something in
there, we’re going to find it.”
These searches almost certainly violate the Constitution.
Although police do have broad latitude to search a vehicle when they have
probable cause to believe that they will uncover contraband within, it is quite
a stretch to extend these precedents to this most intimate of searches. As the
Supreme Court explained in a 2009 decision regarding a student who was strip
searched by school administrators, “both subjective and reasonable societal
expectations of personal privacy support the treatment of such a search as
categorically distinct, requiring distinct elements of justification on the
part of school authorities for going beyond a search of outer clothing and
belongings.”
Admittedly, that decision rested in part upon factors
specific to that case, such as the youth of the person subject to the search.
Nevertheless, the Court placed a great deal of weight on the fact that
authorities had no “reason to suppose that [the student] was carrying pills in
her underwear.” In other words, if officials want to conduct an unusually
intrusive search into a suspect’s most private areas, this strip search case
suggests that they must have particular reason to believe that contraband will
be found in those private areas. It is doubtful that Texas police had any reason
to specifically believe that the three women searched in these videos were
carrying marijuana in their vaginas or their rectums.
The New York Daily News identifies one of the officers
involved in these incidents as Trooper Jennie Bui, and reports that she was
fired on June 29. Another officer, Trooper Kelley Helleson was also fired and
charged with two counts of s*xual assault. Two other officers are suspended.
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