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(Florida) State Attorney: Shaking of bras during searches 'demeaning'
BayNews 9 ^ | Thursday, June 20, 2013, 11:48 AM | Staff

Posted on 06/20/2013 9:30:57 AM PDT by rarestia

LAKELAND --

The State Attorney's Office that covers Polk county has criticized a Lakeland Police officer for his method of searching a female for drugs.

State Attorney Jerry Hill wrote the Department saying Officer Dustin Fetz's request for a woman to shake her bra to free any hidden drugs was 'demeaning.'

Hill went on to say the method used on the May 21 traffic stop was also ineffective and dangerous, according to Bay News 9's coverage partner, The Lakeland Ledger.

Hill's letter to Police Chief Lisa Womack said an investigation showed Fetz did not have a reason to ask for such a search.

During the stop, Fetz asked the woman to lift her shirt, pull her bra away from her chest and shake it.

Fetz asked the woman to shake her bra a second time, and a search of her, her boyfriend and their car revealed no illegal items.

Hill said other Lakeland officers had used the method and called it a "major training deficiency."

The incident came to the State Attorney's attention after the Ledger posted a letter to the editor from Richard Wiley, a lawyer who knows the searched woman.

Womack ordered an internal investigation the day after the letter ran and Fetz went on paid leave for four days.

He's been with the Department since 2008.

The Office found Fetz did have reason to stop Zoe Brugger on West Beacon Road because of her broken headlight.

Investigators said the search violated her constitutional rights, but was not a criminal act.

The investigator said Brugger said she felt threatened and shouted for Fetz to stop as he searched the vehicle.

Fetz told the investigator the bra-shaking technique was well-known, but he was never formally trained to do it.

Brugger received a ticket and a notice to appear in court.

Officer Jeremy Williams, who later arrived at the scene, told the investigator he thought the search was improper.

The police dash-camera footage of the stop had no audio, which also violates police policy.


TOPICS: Constitution/Conservatism; Crime/Corruption; Extended News; US: Florida
KEYWORDS: 4thamendment; cops
Investigators said the search violated her constitutional rights, but was not a criminal act.

I'm having a real hard time rectifying this response. How is a violation of a person's Constitutional rights NOT a criminal act?

1 posted on 06/20/2013 9:30:57 AM PDT by rarestia
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To: rarestia

the officer was just following standard tsa search procedures.


2 posted on 06/20/2013 9:34:59 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: rarestia

Because if it were, 99% of all government officials would be in prison.


3 posted on 06/20/2013 9:35:33 AM PDT by apoxonu
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To: rarestia
"How is a violation of a person's Constitutional rights NOT a criminal act?"

A common example would be an officer or detective questioning someone who is under arrest and has invoked their right to remain silent. The person then makes an incriminating statement and gets convicted in court. Then on appeal, the court rules that the continued questioning was a violation of the Fifth Amendment right to remain silent. No crime was committed because of the rights violation.

4 posted on 06/20/2013 9:35:49 AM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: rarestia

Shoulda got a female cop to do a search if it was called for

A headlight out is not probable cause to search for drugs unless during the stop, there was something that look out of kilter ( the headlight analogy, with the bra search struck a cord, though)


5 posted on 06/20/2013 9:39:57 AM PDT by Vaquero (Don't pick a fight with an old guy. If he is too old to fight, he'll just kill you.)
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To: Vaquero

What about a failure to dim the beams?


6 posted on 06/20/2013 9:45:59 AM PDT by Paladin2 (;-))
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To: Secret Agent Man

At least he didn’t do a cavity search right on the highway like the cops in Dallas did.


7 posted on 06/20/2013 9:47:50 AM PDT by Rusty0604
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To: rarestia
"How is a violation of a person's Constitutional rights NOT a criminal act? "

I'm sure Eric Holder could shed some light on that. Or not.

8 posted on 06/20/2013 9:49:15 AM PDT by Colonel_Flagg (Blather. Reince. Repeat.)
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To: rarestia

“I’m having a real hard time rectifying this response. How is a violation of a person’s Constitutional rights NOT a criminal act?”

When they’re a Caucasian?


9 posted on 06/20/2013 9:49:38 AM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: Secret Agent Man

New AAA/Conde Nast Advisory:

Travel Braless


10 posted on 06/20/2013 9:52:00 AM PDT by treetopsandroofs (Had FDR been GOP, there would have been no World Wars, just "The Great War" and "Roosevelt's Wars".)
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To: rarestia

Insufficient resolution to be certain, but the motive for this "search" may be what one would guess.

11 posted on 06/20/2013 10:07:41 AM PDT by Pollster1 ("Shall not be infringed" is unambiguous.)
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To: rarestia

“Brugger received a ticket and a notice to appear in court.”

Appear in court for a broken headlihht? Are u kidding? What a waste of taxpayer money@


12 posted on 06/20/2013 10:08:33 AM PDT by SendShaqtoIraq
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To: Rusty0604

He probably did not think about it at the time.And why he did not plant drugs while he was searching the car is another question. He either was out of “evidence” or so angry at his authority being questioned it slipped his mind.


13 posted on 06/20/2013 10:11:40 AM PDT by sport
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To: rarestia

especially if no tip was forthcoming


14 posted on 06/20/2013 10:11:56 AM PDT by bigbob
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Comment #15 Removed by Moderator

To: rarestia

It is a criminal act. See 18USC242.


16 posted on 06/20/2013 10:21:05 AM PDT by Lurker (Violence is rarely the answer. But when it is it is the only answer.)
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To: Lurker

Which did warrant a four day paid vacation- er... leave.


17 posted on 06/20/2013 10:33:17 AM PDT by Cowgirl of Justice
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To: GQuagmire

But can she cook?


18 posted on 06/20/2013 10:34:11 AM PDT by jonno (Having an opinion is not the same as having the answer...)
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To: jonno
"But can she cook? "

She would appear to be hot enough to be able to cook something up on short notice.

19 posted on 06/20/2013 10:39:47 AM PDT by Paladin2 (;-))
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To: Enterprise

There should be extremely steep consequences for any officer of a court, TSA, etc. violating constitutional rights.


20 posted on 06/20/2013 10:43:10 AM PDT by oblomov
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To: Paladin2

Maybe the officer was concerned that she was hiding a 44 or two under the bra?

BRING OUT THE FEMBOTS !


21 posted on 06/20/2013 10:48:24 AM PDT by Made In The USA (I'm not yelling, just... just talking enthusiastically..)
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To: rarestia

Fetz told the investigator the bra-shaking technique was well-known, but he was never formally trained to do it.

<><><><><<>

And the formal training takes places at the Vanity Showbar.


22 posted on 06/20/2013 10:56:57 AM PDT by dmz
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To: rarestia

Kid Cop forgot the old standby, “furtive look” as a basis for probable cause and his search. This Cop needs more training from the old hands to use the correct formula to subvert the 4th Amendment... Properly.

These incidents happen every day and every night in “This Land of Liberty”. We should be ashamed of ourselves. Streets are crawling with cops under pressure to show results. Public just wants to feel safe at any cost. We are a country of cowards who have ceded vast powers to strangers in order to transfer risk to others.


23 posted on 06/20/2013 11:21:20 AM PDT by DariusBane (Liberty and Risk. Flip sides of the same coin. So how much risk will YOU accept?)
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To: rarestia
How is a violation of a person's Constitutional rights NOT a criminal act?

LOL!!! You silly, SILLY person!

This is Florida. Don't you know that we make it up as we go along! We invented tourist traps!

24 posted on 06/20/2013 11:35:11 AM PDT by Mr. Quarterpanel (I am not an actor, but I play one on TV)
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To: Paladin2

“She would appear to be hot enough to be able to cook something up on short notice.”
Maybe some Meth.


25 posted on 06/20/2013 11:47:11 AM PDT by rhoda_penmark
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To: Mr. Quarterpanel

Well, we WERE a penal colony at one point in our history. That does explain some things.


26 posted on 06/20/2013 11:51:58 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: oblomov

I was one of the first people to start calling for massive RICO civil and criminal prosecutions of IRS officials for what they have been doing. I have the same opinion for people in the Government who go out of the way to violate the rights of the people under color of authority.


27 posted on 06/20/2013 3:30:14 PM PDT by Enterprise ("Those who can make you believe absurdities can make you commit atrocities." Voltaire)
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To: rarestia; Clintonfatigued

I’m not in favor of drug use but they go too far in “looking for drugs”.


28 posted on 06/20/2013 4:34:02 PM PDT by Impy (All in favor of Harry Reid meeting Mr. Mayhem?)
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To: rarestia
“Investigators said the search violated her constitutional rights, but was not a criminal act.”

I have a hard time understanding why it wasn't a criminal act too, and I live here!

The local leftist rag is a worthless waste of paper, and recently went to paid subscription for Internet access, and we are too far away from Tampa and Orlando to attract the attention of any serious crime/corruption reporters.
If any even still exist.

We have lots of traffic cameras, numerous drug/sex crime stings and busts, and lots of cop killings, way above average for a midsized central Florida city.

29 posted on 06/20/2013 6:00:57 PM PDT by sarasmom (The obvious takes longer to discover for the obtuse.)
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To: Made In The USA

A pair of .38’s?


30 posted on 06/20/2013 8:56:28 PM PDT by Paladin2 (;-))
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To: rarestia

I thought our “president” said we should just trust the government and let them snoop wherever and whenever they want.

So what’s this woman’s complaint?


31 posted on 06/20/2013 9:02:36 PM PDT by gitmo ( If your theology doesn't become your biography it's useless.)
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To: sarasmom

Lakeland? Hell the entire I4 corridor is a mess. Seffner is a cesspool, Plant City is acceptably southern, Lakeland is getting nastier, Haines City up to Celebration is like Juarez, and then you have Orlando. Don’t get me started on Orlando.

I try not to leave Pinellas county, and when I do, I exit by the north or the south. Hillsborough’s getting cesspool-y too.


32 posted on 06/21/2013 5:08:10 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: rarestia

At least we did not murder Terri Schivo. We have our warts, but we have not reached the point where we Judicially starve the helpless to death for montary gain.


33 posted on 06/21/2013 5:15:58 AM PDT by sport
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To: sport

I’m not putting you down, sport. Pinellas has its warts. I’m a proud citizen of an unincorporated part of Pinellas. Clearwater disgusts me in general. I stay locked in my cozy northern part of the county and only venture in Schiavo-land for work or to go to the beach.

Besides, you can blame the Florida judiciary on that decision. I remember that circus, wished it didn’t happen the way it did, but I was glad when it was over.


34 posted on 06/21/2013 5:33:15 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: rarestia

O.K. but the fact of the matter is that you told the truth. Like you, I don’t like it but there is not much I can do to change it. I hit a lick to change things when I can.


35 posted on 06/21/2013 5:40:28 AM PDT by sport
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To: sport

No use in whitewashing it. It was a disgusting spectacle. That poor woman did not deserve what happened to her, but the pressure of public media and social stigma forced good people to make bad decisions.

If you lived in the area, you were ashamed to admit it.


36 posted on 06/21/2013 5:48:41 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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To: rarestia
“If you lived in the area, you were ashamed to admit it.”

I lived in the area.I stood outside the Pinellas Park facility, along with the family, protesting the illegal court ordered execution of Terri Schiavo.

The local people were very proud and very loud in their support of the court ordered execution of a severely disabled woman.
The entire country seemed to lust for her torturous death!

I'm glad to hear you think some of your neighbors consider themselves ashamed, now.
I reject your position that the media and social pressures forced good people to make bad decisions.

I was there!
You may ask God to have mercy on your souls, but I won't add my prayers to yours, as I have already asked him to damn your souls to Hell!

37 posted on 06/22/2013 12:13:35 AM PDT by sarasmom (The obvious takes longer to discover for the obtuse.)
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To: sarasmom

Whoa there momma. I don’t know who you think I support, but Schiavo was as much a living soul and one of God’s children as you or I. I never supported her deliberate starvation, I was on the side of life!

I was ashamed of my county, my state, and my country for looking away from God. Your ire is completely misplaced and I am a bit insulted that you cast stones at me. I understand it was a highly charged event, but I thought I was pretty clear where I stood.


38 posted on 06/22/2013 3:49:36 AM PDT by rarestia (It's time to water the Tree of Liberty.)
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