My question involves police conduct in the State of: West Virginia
Hey guys. I'm sorry if I'm posting this in the wrong forum. I'm not a lawyer, I'm just a normal joe trying to figure out what to do. It's a really long story but I'm going to try to break it down.
I pulled up to a DUI checkpoint with my wife in the car. We were pulled over to secondary and I believe the officer did not suspect me of being intoxicated (he never asked if I had been drinking or anything, and there was never a field sobriety test)
He had me get out of my car. He then asked consent to search the car, and I declined. He then asked if I had anything on my person (setting up asking consent to search me) and I made a mistake and said I was a concealed carry permit holder (we do not have a duty to notify law here in WV). He asked if I was armed and I said yes, so he had me put my hands on the car and he disarmed and searched me. He got very personal with the pat down and I guess he wasn't satisfied because he then reached into my underwear and searched around and under my genitals and then inside of my butt crack. He then handcuffed me and passed me off to another officer who took me to their RV mobile station thing to be arrested ("You are probably going to be arrested"). When I asked what I would be arrested for, I was told they didn't have to tell me.
They lectured me for a bit about drunk driving then stuffed me in a squad car while they ran my license, CCW, and my weapon. The officer that searched me kept sticking his head in the window trying to pick a fight with me, asking me why I hated cops so much (I was very polite through this whole ordeal). They took my wife out of the car and searched her belongings with her consent, but she did not consent to a search of the car. they searched anyway, saying they were checking the VIN number in the door jam. They then asked my consent to put my gun in my trunk and I consented, which was dumb of me because they searched my trunk at that point, even though I explicitly said earlier I did not consent to any searches of my vehicle.
They then released me without charge or citation. I'm obviously not a lawyer but it's my understanding that during a terry search the officer can only search outside of the clothes for weapons, so would the officer reaching into my underwear skin on skin be some kind of sexual assault or something? I put in a FOIA request and was told that no report, dashcam, or anything exists of this ordeal beyond radio recordings of them running my license and gun. Were my rights violated?

