Is it standard procedure for a police to search a witness before going in his car? - Law Enforcement Local and International Law Enforcement Community

**johnnyislate** · 05-24-2009

I visited my girlfriend at the hospital ER, the hospital reported an assault incident to the police when she checked into the ER by herself. She told them she was assaulted by 2 strangers in a parking lot of a strip mall. The police was called and came to talk to her and me, and in the process asked me to go with him to her apt to check things out. Before putting me in the back of his car, he searched me for weapons, etc. I felt greatly insulted that I was treated like a criminal especially since the assault has nothing to with me, so is this standard police procedure or do I have a legit complaint?

BTW, I have never been arrested for anything in my life, I'm as responsible as a citizen as they come. Also I'm in Northern California if location matters. Thanks in advance for your insights and advice.

**DoubleTap** · 05-24-2009

Quote:

Originally Posted by johnnyislate

I visited my girlfriend at the hospital ER, the hospital reported an assault incident to the police when she checked into the ER by herself. She told them she was assaulted by 2 strangers in a parking lot of a strip mall. The police was called and came to talk to her and me, and in the process asked me to go with him to her apt to check things out. Before putting me in the back of his car, he searched me for weapons, etc. I felt greatly insulted that I was treated like a criminal especially since the assault has nothing to with me, so is this standard police procedure or do I have a legit complaint?

BTW, I have never been arrested for anything in my life, I'm as responsible as a citizen as they come. Also I'm in Northern California if location matters. Thanks in advance for your insights and advice.

If I am going to place someone in the back of my squad, I WILL search them for weapons first. There are a lot of people out there who can get their weapons even when they are handcuffed so the search probably was more of a "officers safety" search because you would be sitting behind them. Personally I don't like when people are sitting behind me cuffed, so when they are uncuffed I am going to search them to make sure they do not have weapons.

Some departments in my area actually have a policy that says that the officers must search and cuff someone (criminal or not) if they are in the squad. It sounds like to me that this officer makes it standard practice to search individuals he puts in his squad. Don't file a complaint he was just making sure you didn't have weapons, IT IS STANDARD PRACTICE. Any questions feel free to PM me.

**johnnyislate** · 05-24-2009

Thanks, that helps put my mind at ease. The reason it bothered me is because someone was looking at us during the search and the officer thought it warranted enough to shout out to him that I'm a witness in case he mistaken me for being a suspect. Thanks again.

**DoubleTap** · 05-25-2009

Quote:

Originally Posted by johnnyislate

Thanks, that helps put my mind at ease. The reason it bothered me is because someone was looking at us during the search and the officer thought it warranted enough to shout out to him that I'm a witness in case he mistaken me for being a suspect. Thanks again.

No problem, glad I could put your mind at ease. Most the time when an officer searches someone putting them in their car it is because they are being arrested. In your case, you were being transported, and the officer felt the need to pat ya down, no big deal, no harm done.


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