Question about police searching a minor?

Ok, when I was 16, I was driving a car with like 6 of my friends in it, all of us minors. Anyways, we get pulled over by two undercover cops, they showed us their badge then asked us to get out one by one. They did the pat down routine which was fine, but then they made each one of us pull open the front of our pants and underwear to reveal anything hidden in our crotch.

I was naturally very uncomfortable with this. Mainly because I didn’t want to embarrass the cop with my gargantuan manhood, but, low-and-behold, he did blush.

Alright, did they have a right to do this (make us open our pants) with us being minors and not having one of our legal guardians present at the time?

It depends.

I’m sorry I can’t be any more specific, but it really does depend.

Police may briefly detain you to investigate a possible crime, even if they don’t have probable cause, and they may pat down your outer clothing if they have a reasonable, articulable suspicion that you have a weapon or some other threat to their safety.

They may conduct a more thorough search if they have probable cause to believe that a crime has been committed.

They may search to their hearts’ collective content if they have been given consent to search.

I have no idea what level of suspicion they had, if any at all.

They literally told us that we looked like a bunch of hoodlums and decided to pull us over for being in a bad neighborhood being young and white. We were driving about 25mph in a 30mph zone because we were looking for my friend’s brother who had not been home for a few days. We had no drugs on us at all, no alcohol either. They simply pulled us out of the car and searched us. I don’t remember them asking, they may have, but this was 15 years ago and I was scared at the time. We were searched in the middle of a parking lot called The Rod-n-Reel in Chesapeake Beach MD. Not really THAT bad of a place really. I just did what they said.

But the more that I look back on it now, the more I say to myself, I bet they violated some kind of law by looking down the pants of a bunch of minors without permission or probably cause. Because they found absolutely no drugs, weapons or anything else illegal before doing it.

I mean, think about it. A grown up 35 yr old man, pulling a bunch of kids out of the car and telling them to pull open the fronts of their pants and underwear and then looking down there for two or three seconds. Pretty pedophilic I must say. I mean, the patdown and crotch squeeze first wasn’t enough?

Which they don’t need (see Gotcha v. Ya).
I think something missing from a lot of “did the police have a right to …” threads is whether or not you had a choice at the moment.

For example, if the police said "Son, based on the size of your package, we’re going to have to jump rope with it to prove it’s not a prosthetic.” If you let them, then whether or not there was a legal requirement for you to comply (i.e., the officer had the right to ask) is basically irrelevant—you voluntarily did what the officer asked. I think with very few exceptions, the police can ask you to do anything. I don’t believe the officer is under any duty (Federally speaking, state jurisdictions may differ) to tell you that you needn’t comply if you don’t want to. (I’m thinking a Florida (?) case where the police searched everyone on a bus without telling them it was voluntary—despite the confined nature of the bus and that walking past the officers would cast suspicion on an individual. A classic case, but I can’t remember any of the names at the moment.)

Without ascertaining—at the time—if the police were giving you an order (and not many people, let alone kids, can muster the gumption to ask), it’s really difficult to tell whether they had the *right *to expect compliance. Possible answers to the question (is that a pistol in your pocket or are you just happy to be pulled over) get lost in the subjective memory of the event.

Again, jurisdictions may differ, and there may be additional (probably statutory) restrictions as to what a policeman can ask of a minor.

Florida v. Bostick is the case I was thinking of. I don’t know this case included rhetoric addressing whether the police should have told Bostick he had a right to terminate the encounter—that bit may have come from somewhere else. I may be imagining things.

If you DO ask, are they required to give you an accurate answer? If not, then how can any layperson tell what you are required by law to do and what is voluntary?

I think by definition their answer is accurate as to whether or not you are in a custodial situation or not. If they answer no, then you are (ostensibly) free to go about your business. If they answer yes, then you are subject to the extent of their powers. (Whoa, am I talking in generalities!)

That was the gist of my earlier post – whether they have a right to compel a search or other action depends on the factors that Bricker touched on. But most of those factors (generally) won’t come into play unless you know if you were compelled to do them. If you don’t ask, it’s (generally) likely that your consent will be deemed voluntary. If you do ask, and they say you’re not obligated to comply but you comply anyway, again, it’s voluntary so (generally) no rights question really arises. If they tell you wrongfully that you are obligated to comply, you (generally) still have the obligation to comply with an order given by a policemen. The cure for that harm isn’t you standing up for a particular right at the moment, but (generally) the suppression of evidence found from it.

Generally.

Nobody seems to have touched on whether being a minor grants (or removes) any specific protections, which is the OP’s real question.

Looking at the specific instance discussed, I will point out that in some (most?) jurisdictions drivers under 18 are prohibited from driving with more than one minor passenger in the vehicle, so you may have been stopped for cause even if they didn’t say so.

Thank you Rhythmdvl! Good thread guys!

continued in next post

C.D.T. v. State, 653 N.E.2d 1041; 1995 Ind. App. LEXIS 927 (Indiana Ct. App. 1995)

Courts seem to apply the same search and seizure standards to juveniles and adults, at least outside of the school setting.

The cases do afford minors slightly different rights in the school setting, http://caselaw.lp.findlaw.com/scripts/getcase.pl?navby=CASE&court=US&vol=469&page=325

Cases also indicate that a juvenile’s capacity to consent to a search must be considered by the judge, so there’ some play in the joints regarding validity of consent.

My 17-year old son can’t consent to enter into a contract. I believe that’s the law, at least in Ohio.

How, then, is it legal for an officer to ask my son to consent to a search of his vehicle, absent something in plain site which might warrant it?

Lourdes M. Rosado, NOTE: MINORS AND THE FOURTH AMENDMENT: HOW JUVENILE STATUS SHOULD INVOKE DIFFERENT STANDARDS FOR SEARCHES AND SEIZURES ON THE STREET, 71 N.Y.U.L. Rev. 762 (1996)

That is a common misconception. He certainly can enter into a contract but under certain conditions it is voidable by him. Minors may consent to certain things even sexual intercourse, that is why there is a difference between Rape and Statutory Rape. Anyway you are comparing apples to oranges even if a minor could not contract, consenting to a search is not a contract. Eighteen year olds can vote but they cannot buy beer. Just like they may be able to void a contract while still being able to consent to a search. Of course despite all this, a persons minority MAY be a winning argument to negate consent.

*Basnueva v. U.S., * 874 A.2d 363; 2005 D.C. App. LEXIS 255 (D.C. Ct. App. 2005)

*And Cf. *

*In re J.M., *, 596 A.2d 961; 1991 D.C. App. LEXIS 244 (D.C. Ct. App. 1990) (J.M. case in the lower court), vactated, 601 A.2d 609 (D.C. Ct. App. ), remanded by, 619 A.2d 497, 1992 D.C. App. LEXIS 348 (D.C. Ct. App. 1992) (en banc) (citing quoted discussion with approval)

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