Legal Question in Constitutional Law in Oregon

strip search and interrogation

My question is that if someone is pulled over for a traffic violation and because he has no ID on him or because of the way he looks was convinced to comply to a strip search should any rights have been read to him prior to the search? Also they did find some contraband after the search took place so i know that might count against him. But should have any type of rights been read to him or is there any statutes or case laws that would help his case, such as people v. mangum 48p.3d 568, state v. little, 133 n.c. app.601, u.s. v. molina,.

From what i understand someone can deny to comply to a search just continue to say ''no'' the police can detain in handcuffs and search a specific area. so should miranda warnings be given when a person is being asked to comply is that person being denied there 5,6, constitutional rights? And if that person did comply they took place in a incriminating act. This is only my ideas and my purpose for writing this is to try to acquire some case law that hits close to home and for some ideas from someone who is better educated. I need all the help I can get to try to bring my love one home so anything in the positive direction helps, Thank you.


Asked on 8/24/06, 5:33 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: strip search and interrogation

Miranda warnings are given before police question someone. Nothing you have written says that these officers asked any questions at all. There is no need to give Miranda warnings before conducting a search -- even a strip search. Whether a strip search was appropriate also seems to be a non-issue given that the police had consent. If they obtained that consent fraudulently there might be a good argument to make, but nothing you have said suggests this is what happened.

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Answered on 8/24/06, 3:23 pm


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