a search conducted at the time of a lawful arrest is separately permitted under Chimel versus California decided in 1969 which allows officers to search the area within a subject's immediate control that doctrine addresses the scope of a search not the sex of the officer conducting it which remains a distinct policy question the pat down itself raises a separate question under Terry versus Ohio decided in 1968 Terry permits a limited search for weapons based on reasonable suspicion but it does not address who may conduct that search most agency policies require same sex officers to perform pat downs whenever practicable departing from that standard only when officer safety or exigence circumstances require otherwise the subject's repeated request for a female officer placed this policy directly at issue whether the agency's specific procedure was followed cannot be confirmed without department documentation the broader privacy interest at stake is addressed in bell versus wolfish decided in 1979 that decision recognizes that searches involving bodily privacy require careful balancing between institutional necessity and individual dignity that balancing test applies with particular force when a subject voices an explicit repeated objection during the encounter based on the available record the officer's use of verbal commands and standard custodial procedure was largely consistent with department training however the failure to clearly resolve the request for a female officer before completing the search is a documented procedural gap on the available evidence the officer's overall conduct merits a grade of B minus the subject's verbal compliance including her acknowledgement that she would not resist weighs in her favor her continued physical movement during placement into the vehicle complicates that assessment on balance her conduct merits a grade of B three lessons emerge from this incident first when a subject requests a same sex officer for a search resolving that request promptly before physical contact begins reduces both legal exposure and on scene conflict second clear communication of legal status including the basis for arrest lowers the likelihood of escalation even when a subject continues to object third when video alone cannot confirm a disputed sequence agencies should preserve all available footage angles to support a fair and complete review let us know if there is an interaction or legal topic that you would like us to discuss in the comments below thank you for watching and don't forget to subscribe to our channel for more content on police court interactions we're gonna need ten eighty for a pat down too y'all ain't touching me oh yeah we will no y'all ain't alright now get a female don't touch me get a female don't touch me you can't touch me get a female i want a female officer if you drag me i'm going to you're gonna do what then go in i'll show you then go in drag me i'm gonna show you i'm gonna go in what the f*ck out of one of y'all if y'all drag me go in cause y'all doing a system a system a system i'm gonna go somewhere go in just get your feet in there go inside oh my god alright perfect that was so difficult okay i'm coming on the ground right now okay okay okay yeah there's gonna be more sixty i got one female custody okay cops you hit the car you hit it it's okay calm down i'm coming alright alright we're good good i'm coming i'm gonna come all right let's get her up okay can you grab my phone yeah yeah we'll grab it okay all right all right tell me when you're ready to get up one two three up all right all right grab my phone you're coming with me i'll get it i'm gonna wear my coco button yeah we'll get it i'm running the person's right there the price is right there hey follow me just relax okay i relax oh that oh you talk about that yeah yeah yeah i'm letting y'all know shit y'all can get your shit i ain't turn around i gotta pick something up behind your car right ain't nobody else coming out it was just me it's three persons well four where you guys at andy ain't nobody else coming you don't gotta hold me i'm not gonna i can sit down for you i ain't gonna run yeah you're not gonna run now no you did run i did run y'all call me when you that's why i don't think you're running now i know you said how i stop you did you did i ain't gonna play with y'all you did can i go oh shit come on my baby birthday coming to go home what y'all gonna do all right i get it i ain't i ain't gonna put up no fight no matter under the Fourth Amendment every use of force during an arrest must be objectively reasonable no i think they got her all right we got a fast dog too she ain't get it yeah i got your shit back i'm sorry i'm with me shit just wait here i'm i'm not going no where no you're not you're in cuffs now if i was in cuffs i can stay around but i ain't going no where one sixty we need at least two more minutes i'm just getting my hair mama okay you gotta scratch or something no i'll get my hair oh okay gotcha you ain't gotta hold me that tight i'm not going nowhere hey i promise you this ain't tight it is shit you already said you understand you're under arrest right now do you understand it okay i'll let you know that it's a misdemeanor okay i can get right out okay okay i will we'll be the judge of that okay what do we can't be the judge i know what i got okay i miss the mina i i i can tell you i can i can tell you where i get right you do you know i'm under arrest yes i do i do know i know okay we don't be need to move around and shit but you don't gotta keep holding me on yes i can no you don't no you don't no you don't okay so y'all can legally y'all can legally attack me how y'all just did okay y'all can legally do that no it wasn't nobody camera when he said no it wasn't okay no one i got a body camera what you arguing for he didn't cause he didn't say when he said b*tch i'll tackle you that was on camera that was on camera guess what f*ck you talking about that was on camera okay how you gonna tell me b*tch i attack you when i stop f*ck is you talking about we need that obt unit over here that just went down that way The Supreme Court's decision in Graham versus Conner decided in 1989 set the controlling standard courts weigh three factors the severity of the alleged offense whether the subject posed an immediate threat and whether the subject was actively resisting or attempting to flee reasonableness is judged from the perspective of an officer on the scene not with hindsight the subject's own admission that she had fled earlier is legally significant in Tennessee versus Garner decided in 1985 the court held that flight does not justify unlimited force it permits a proportionate response not an open ended one officers may consider prior flight as one factor among several but it does not by itself authorize any level of force dad don't argue you ain't gotta argue with them you don't got nothing just hit hit just hold her there shellhorn yeah just hang up for a second what hey hey say none of it mister man come right go on i came right in there with that we're leaving i run out what y'all want her phone she don't got nothing come on bring me show her and hold her man bring me i'm coming right home be right out alright that's cool we're gonna need ten eighty for a pat down too y'all ain't touching me oh yeah we will no y'all ain't alright alright that's fine you're on camera right now i understand how y'all went on camera when y'all told me y'all let me go let me go i'm right here y'all don't gotta touch me like that you i'm a girl you don't gotta do me like that resist f*ck you tell me i'm not resist we didn't pat her down bro we didn't pat her down watch this watch this on my daughter i'm glad that's on camera i'm cause i'm not resisting i'm not resisting i'm not resisting i want y'all that's hard how y'all put me in the car y'all ain't take me down y'all man no cause y'all man y'all man handling me he can put you in a car yeah i can no you can i know my rights i know my rights i'm going to school follow you slow could we get a campus out of it over here okay i'mma get him female now get a female don't touch me get a female don't touch me you can't touch me get a female i want a female officer yeah she can fall on the ground that's fine i ain't gonna fall in no more that's fine alright she knows her rights i do and do very well yeah she's the one in handcuffs know my rights very well know my rights very well okay then what are they f*ck you i don't gotta talk to y'all that's one album that's one album no you know what are they what's on about you're so smart yeah what are they i'm gonna show y'all but not to tell y'all you wanna put me out at the door somewhere hey campus could you come down here by first watch tell him hurry up come sexy so y'all can see i ain't got shit so get this faster so are you still looking for one more that ran or just two it's only two cool we're not talking about you it's only two you you keep talking to me i'm not talking to you people like officers like you is just too tough too tough you know your job too much yeah too much that's right too much four two one eight seven zero so she knows her rights she can only be touched by a female she knows her rights she said she'll spit so oh no hey i'm not gonna come back over here you don't have to touch me come back over here though you don't have to touch me yes he can no he can no he can no he can't you don't have to walk me i'll let her go yes he can yes he can no yes he can okay touch me touch me all right i know my rights y'all can tell me what the f*ck you can do to me he can still do it okay and i can feel so and i can feel so and i can feel so you don't have anything no no no no no no no no no no no yes was it necessary for calling me a b*tch to tell me he's gonna talk with me no so everything i'm gonna do is unnecessary what you doing i was running before a police came f*ck you talking about before a police came i don't got shit on me i don't got no pennies on you but i don't have no underwear just relax relax no no no no no she knows her rights no no no no no f*ck you find out i got no underwear on you can't i got i got you here campus f*ck you find out no no underwear on f*ck is you talking about just face that way man are you cool i know what the f*ck i'm saying you can't just switch no underwear on lady you doing too much lady you doing too much you overstepping your cause you overstepping your boundary no she's not you got a bill yeah what the oh that don't don't matter stop doing me like that no no no no no cause what did you do to me like that cause you're acting like a child my this f*cking i didn't even just kick you you got my leg up alright george you got my leg up alright how am i kicking you alright how am i kicking you you got my leg up alright you got her alright alright i got hey i got a double lock on i'm gonna give y'all the battery i'm gonna give y'all the battery how how how how how how now you're crying how how can these things hurt okay well you're making them hurt alright cause i'm trying to see how i just kick you will you willingly go in yes if y'all let me go i'm gonna do it myself i'm gonna do it myself okay okay okay i'm twenty five years old stop touching me y'all don't i got i still have three on hands on me i'm gonna do anything if i got three hands on me okay you're gonna get in the car all right let me go pick you up and put you in the car yes you are okay let my hands go and i can do it myself no i'm not letting you go you already ran from us come on i didn't run from y'all i ran from north storm not y'all okay excellent put your feet in okay can i get a white shirt can i get a white shirt yeah we'll get him out here he's coming already if you drag me i'm going to you're gonna do what then go in i'll show you then go in drag me i'm gonna show you i'm gonna go in what the f*ck out of one of y'all if y'all drag me go in cause y'all doing a system a system a system i'm gonna go somewhere go in just get your feet in there go inside oh my god alright perfect that was so difficult stop i swear to god i swear to god i swear to god stop doing my arm i said i'm touching my own arm i'm touching me she said