Woman Arrested For DWI Told To Remove Bra Because It Could Be Used As A Weapon
Following arrest for DWI, an officer performed a search of the suspect which revealed an "underwire bra." The officer testified that it is standard practice to have women suspects remove underwire bras. She stated that she has heard of suspects "killing themselves with their bras."
This case occurred in Canada, but it does raise several
Fourth Amendment issues if this occurred in Texas. Is that a reasonable search? In this case, in Texas, it probably would be. After all, this post-arrest and is part of the inmate processing. If it is reasonable to believe that the wire could be removed as a weapon, then one could assume that it is a reasonable request.
The interesting point to this blogger is the issue of what impact this request has on the bearing of the case. How are they related? No illegal evidence was seized that will be used to aid in the prosecution. In the US, one might have a Section 1893 claim, but not much else. One arrested, a person can be subject to all sorts of indignities.
If you believe that one of your U.S. Constitution or Texas Constitution rights have been infringed upon, then
contact a
Plano DWI lawyer today. We are experts in the Fourth, Fifth, and Sixth Amendment and want to assist you in protecting your rights.