Legal Question in Criminal Law in Massachusetts

strip search

I was speeding, giving two young men I ride home who were intoxicated. I was not intoxicated, although I had been drinking. The cops stopped me I took off(one man got out at the time of the stop)

The cops finally caught me trying to enter my mothers house. I was arrested at the police station in Canton Massachusetts and stripped searched. The other two men were PC'd an not stripped searched. Is it legal to strip search me for speeding and failure to stop for the police? I had been drinking but I clearly was not intoxicated and refused the breathilyzer. I was also taken to the hospital for my head that was beat into the ground by the Canton police officer. This was by the EMT's request, who the police called to the station. I was not charged with assault.

Thanks


Asked on 6/17/99, 1:13 pm

1 Answer from Attorneys
Thomas Workman Law Offices of Thomas Workman

Re: strip search

First of all, do not put in writing that you had been drinking, even in a forum like this one. That statement could be read by the District Attorney's office and used against you. The standard is "operating under the influence", and not "while intoxicated".

You are probably going to be charged with OUI, speeding, resisting arrest, and perhaps assault on a police officer. The complaint can be amended, so juwt because you were not cited for assault does not mean that you will not be charged. You are likely going to lose your license for refusing to take the breathalizer.

You need a criminal defense attorney. You should be focused on avoiding jail time, rather than the way you were treated. Once you take care of the criminal complaints against you, then worry about the way you were searched and injured.

You will be charged in the Stoughton Court. I am just down rt 24, and would be willing to speak with you, or to represent you. Do not underestimate your criminal defense in this matter. You can reach me at (508) 822-7777. I think this is a local call for you.

Read more
Answered on 6/30/99, 12:19 pm


Related Questions & Answers

More Criminal Law questions and answers in Massachusetts