TexasCHLforum.com

mikedude wrote:Just commenting on what I saw. That did not look like a "cavity" search... a cavity search is looking up the private parts and/or anus....no officer does that.

A cavity search is either a visual search or a manual inspection of body cavities.

Here are both positions in the Texas Court of Appeals regarding no warrant searches. I don't know if there has been anything since this time. INAL, but it sounds like, in this case, that the officer need pretty hard probable cause to conduct the cavity search without a warrant. The probable in this case was an informant that told the officer that the Crack was in the subjects crack. :-)

http://www.cca.courts.state.tx.us/opinions/140800c.htm" onclick="window.open(this.href);return false;

....I would hold that a warrantless body-cavity search, even though conducted incident to a lawful arrest, violates the Fourth Amendment unless (1) the police have a clear indication that evidence is located within a suspect's body, (2) the police reasonably believe that the evidence would be destroyed during the delay necessary to obtain a warrant, (2) and (3) the search is conducted in a reasonable manner. See Schmerber, 384 U.S. at 770-71.

And the wrap up

Because no warrant was obtained, and because no exception to the warrant requirement is supported by the record, the visual body-cavity search of the appellant at the fire station was unreasonable under the Fourth Amendment. As the Court of Appeals held, the fruits of the illegal search should have been suppressed. Because I would affirm the judgment of the Court of Appeals, I dissent.

Here is the other side:

http://www.cca.courts.state.tx.us/opinions/140800a.htm" onclick="window.open(this.href);return false;

....the Code of Criminal Procedure excused the arresting officer from having to obtain an arrest warrant, McGee's arrest was valid. Further, the visual body cavity search in this instance was a reasonable search incident to arrest, thereby excusing the officer's need to obtain a search warrant. The Court of Appeals was incorrect in holding that the cocaine should have been suppressed. We reverse the judgment of the Court of Appeals and reinstate the judgment of the trial court.

The female DPS is suspended however, with pay.

DALLAS - One of the Texas Department of Public Safety troopers being sued over a body cavity search along a North Texas highway has been suspended.

Read more: http://www.myfoxdfw.com/story/20387557/ ... z2FYfhoQCV" onclick="window.open(this.href);return false;