WATCH: Full Cavity Search as Texas Police Pull Over Three Women And Search Their Vaginas For Marijuana
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pair of videos posted online show police probing the private parts and
an*l 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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