Houston Law Enforcement Searches Woman’s Body Cavity without a Warrant

Last year, Harris County Sheriff’s Office Deputies and a Houston-area college student gained national attention after law enforcement officers conducted a body cavity search on the woman in public without a warrant.

On June 20, 2015, Charneisha Corley, a 20-year old woman stopped by Harris County Sherriff’s Deputies around 10:30pm for allegedly rolling through a stop sign and failing to use a turn signal. During the stop, law enforcement officers asserted the vehicle smelled like marijuana. After a fruitless search of Ms. Corley’s vehicle, the officers conducted a visual strip search of Ms. Corley in the parking lot of a convenience store.

The law enforcement officers forced Ms. Corley to pull down her pants while still in the convenience store parking lot then conducted a visual inspection by shining a flashlight on her genital area. After not finding anything during the visual inspection, one officer attempted to insert her finger into Ms. Corley’s vagina.

Ms. Corley protested and refused to allow the officer to conduct a manual inspection. The officers then forcibly threw Ms. Corley to the ground, pulled off her pants, pinned her down, pulled her legs apart, threaten to break her legs, and penetrated her vagina while she was still handcuffed. The officer conducted a manual inspection of her vagina and purportedly searched for marijuana.

The officers left Ms. Corley half-naked and handcuffed on the ground for approximately eleven minutes. The officers claimed to find 0.02 ounces of marijuana, the amount needed for the average sized joint. Ms. Corley was arrested and charged with possession of marijuana and resisting arrest. Harris County District Attorney’s Office later dropped the charges.

Harris County District Attorney, Devon Anderson, released a press release addressing the arrest. In part D.A. Anderson stated the following:

“After the trial prosecutor investigated the facts in Ms. Corley’s case, she found that the search was offensive and shocking, and this office immediately dismissed the charges against Ms. Corley.”

What was wrong with the search of Charneisha Corley?

The public body cavity search of Charneisha Corley was wrong on several levels. However, the biggest issue is law enforcement conducted the search without a search warrant and violated Ms. Corley’s constitutional right to not be subjected to unreasonable searches.

A search warrant is a written order issued by a magistrate directing a law enforcement officer to conduct a search. Generally, a search warrant is required before law enforcement can conduct a search; however, there are several exceptions including the following:

• Stop and Frisk- If an officer has a reasonable suspicion criminal activity is afoot, the officer may make a quick pat-down of the outer clothing of the individual. The quick pat-down of the outer clothing does not authorize the officers to request the officers to remove items of clothing like the officers did in Charneisha Corley’s traffic stop.
• Search incident to a lawful arrest- After law enforcement officers conduct a lawful arrest, the officers may conduct a search of the arrested person and the area within his or her immediate control without a warrant.
• Plain view exception- Law enforcement may seize items which they observe and immediately recognize as evidence or contraband while they are lawfully present in an area.
• Consent- Law enforcement may conduct a search if the individual consents to the search. The individual has the right to withdraw consent.
• Automobile exception- Law enforcement may search an automobile without a warrant if they believe the automobile contains evidence of a crime. The automobile must be readily mobile and potentially be out of reach before a warrant can be obtained.
• Emergencies/Hot pursuit-In exigent circumstances or while law enforcement is in hot pursuit of an individual they have probable cause to believe committed a crime (i.e. running from the police), the officers may conduct a search without a warrant in the interest of preserving evidence.

None of the warrant exceptions applied to the body cavity search of Ms. Corley. Based on the facts listed in Corley’s attorney’s first amended complaint, Ms. Corley gave consent to search the vehicle and the officers had the right to conduct a quick pat down of her outer clothing, but at no time should the officers have conducted a visual or manual inspection of her genital area without a warrant.

What happens if a search is conducted without a warrant and the warrant exception does not apply?

If a search is conducted without a warrant and no warrant exception applies, the search is considered unlawful. Any evidence obtained as a result of an unlawful search is inadmissible and cannot be used in court.

Texas Body Cavity Search Law

On April 28, 2015, House Bill Number 324 , a bill requiring law enforcement to obtain a warrant before conducting any body cavity searches, passed; however, the law (codified as Texas Code of Criminal Procedure Article 18.24) was not effective until September 1, 2015, three months after the unlawful search of Charneisha Corley.

Under Texas Code of Criminal Procedure Article 18.24, a peace officer may not conduct a body cavity search of a person during a traffic stop unless the officer first obtains a search warrant pursuant to this chapter authorizing the body cavity search.

“Body cavity search” means an inspection that is conducted of a person’s anal or vaginal cavity in any manner, but the term does not include a pat-down.

What happens to Charneisha Corley now?

On February 12, 2016, Ms. Corley’s attorney filed a lawsuit against Harris County, Texas. In the complaint, last amended August 5, 2016, her attorney claims law enforcement conducted an unlawful search and violated Ms. Corley’s right to be free from unreasonable searches.

In the first amended complaint, Corley’s attorney alleged law enforcement committed several tortious acts during the unlawful stop, including assault and battery, offensive physical contact, and infliction of emotional distress. Corley, through her attorney, is seeking all damages available for her injuries, including actual damages, statutory damages, punitive damages, and attorney’s fees.

Conclusion

If you believe an unlawful search and/or arrest occurred in your case in Harris or Montgomery County, Texas, it is important to consult an experienced criminal defense attorney immediately. An experienced criminal defense attorney will analyze all of the facts in your case, including the arrest and acquisition of evidence, in order to build the strongest defense on your behalf.

Attorney Matt Horak is trial-proven criminal defense attorney with offices in Houston and The Woodlands. He is Board Certified Criminal Law by the Texas Board of Legal Specialization, which attests to his superior skills in criminal defense.

Contact [[$firm]] at [[$phone]] or submit an online form to schedule a confidential consultation and review of your case.

References:

ABC 13 News- Woman Accuses Officer of Going Too Far During Traffic Stop

Charneisha Corley v. Harris County, Texas Case No. 4:16-cv-00382 (First Amended Complaint)