The procedure of a male officer searching a female suspect is discouraged and avoided when possible. However, legally, a male officer may frisk, pat down, or otherwise search a female suspect under any circumstance, period.
Any regulation that specifies otherwise is set by local ordinance or department policy.
Unless there is some specific prohibition in your area, yes. In fact the idea that a male searches a male and a female searches a female is normally policy, not regulation. A small department may not have an officer of the 'correct' sex available when a search needs to be done, so whoever is available can perform the searches.
Yes, in the absence of a male officer a female officer may pat down (for weapons) a male subject she has under arrest - then handcuff and secure him until the arrival of a male officer to conduct a more thorough body search. It is the same rule that applies when a male officer must search a female arrestee.
a female officer would have to be called to the scene to search them completely but until then a male officer can pat them down to make sure they dont have any weapons until a female arrives.Added: The correct procedure for officer safety (which admittedly COULD be different from agency to agency) would be to do an outer clothing pat down and then restrain the female with handcuiffs behind her back until the arrival of a female officer.
If there are no available female officers, a male officer may do it. And if the search was conducted incident to arrest, meaning at the time of an arrest, on the street, through your pockets and purse and such, then whoever is on the scene, male or female, would be the officer to conduct that search.
Because police agencies each have their own policies, there is no specific law that covers all police officers in the state of Illinois. The general rule seems to be that a female is as able to use a concealed weapon against an officer as a male and, even if a female officer is not available, the female suspect must be searched. A male officer searching a female suspect should have a witness to the search. Any officer is to search the person before putting them in the police car for safety reasons. a male officer can search a female and a female officer is allowed to search a male, no matter what. See the related link for information on this subject or you can visit the Illinois ACLU website for information specific to Illinois.
None at all. Generally department policy will state that it is preferred that an officer of the same sex conduct any physical search, but it is impossible to require. If there is no female officer available when a male officer arrests a female, the officer will still be required to search the suspect. It is 100% an officer safety issue and entirely non-discretionary.
yes
Of course.
The female officer cannot check the male same as male officer can't check the female.Another View: Non-sworn-law enforcement security officers are not subject to the same prohibitons that sworn, government-employed law enforcement officers are. Therefore they can perform whatever searches they, or their employer, requires of them.
POM: Police Officer Male POF: Police Officer Female
Yes, can but depends upon situation
Yes, with qualification. At time of arrest or first contact, if a male officer is unaccompanied by a female, he may search the female detainee for his own, as well as her, safety. For a custodial search, a female officer MUST perform any body cavity or "personal" area search.