You cannot be subject to a strip search without the officers having a reasonable suspicion that a concealed weapon or contraband will be found. Under PC 4030, an officer conducting a visual strip search “shall not touch the breasts, buttocks, or genitalia of the person being searched.” This type of search is a visual inspection of your genitals and buttocks for any concealed weapon or contraband. There are different rules for each type of search. Some present search practices violate state and federal constitutional rights to privacy and freedom from unreasonable searches and seizures.”Ī “strip search” could refer to one of two different types of searches: a visual strip search or a physical body cavity search. Consequently, some people have been arbitrarily subjected to unnecessary strip and body cavity searches after arrests for minor misdemeanor and infraction offenses. This law states: “The Legislature finds and declares that law enforcement policies and practices for conducting strip or body cavity searches of detained persons vary widely throughout California. This issue with strip searches was so widespread that California Penal Code Section 4030 was passed. The problem with strip searches is that officers can very easily abuse their authority when conducting such a search. However, there are very strict requirements for a strip search, and if the police violate these requirements, an experienced criminal defense attorney may be able to have any evidence they find thrown out by the court. So, when a law enforcement officer asks you to submit to a strip search, you may think you have to comply with this request.
You may be too overwhelmed to think straight. When you are arrested for a crime, you will probably be frightened and anxious. Police Can’t Search Your Genitals without a Search Warrant (PC 4030)
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