My question involves criminal law for the state of: MI
During intake at jail awhile back I was stricken in the groin by a sheriff doing a pat down. I nearly keeled over in pain. I was completely compliant with him and silent. Is this legal?
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My question involves criminal law for the state of: MI
During intake at jail awhile back I was stricken in the groin by a sheriff doing a pat down. I nearly keeled over in pain. I was completely compliant with him and silent. Is this legal?
They can certainly check your groin area. The fact that it was done hard enough to hurt may or may not have been done on purpose but you can rest assured that intentionally doing it to cause pain is a violation of policy and the law.
Now, here's the kicker.
Prove that it was done intentionally to cause pain.
A jail search is NOT a "pat down," it is a custodial search. An assertive clothed search can and often does include a firm push and tug in the groin area as part of the search. In many states a strip search would be the order of the day for a stay in the jail.
If the deputy struck you on purpose or on accident in a manner that caused pain, you can complain to the agency in question. If you have proof of injury and damages you can speak with an attorney about the possibility of a civil suit. However, I doubt that you have any evidence that pain was inflicted at all so about all you can do is complain to the agency.