Bikini-clad women sue over body cavity search on side of highway

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by Tiffany Craig / KHOU 11 News

KHOU

Posted on July 3, 2013 at 8:20 AM

Updated Wednesday, Jul 3 at 2:20 PM

BRAZORIA COUNTY, Texas -- Two women subjected to body cavity searches on the side of Highway 288 are suing the officers involved.

The entire stop was recorded on dash camera by the state trooper who initially pulled over Brandy Hamilton and Alexandria Randle for speeding.

The women were driving home from a trip to Surfside beach.

You can hear Hamilton ask the trooper if she can put on some clothes because she is wearing only a bikini.

"Can I put my dress on," she asked the officer. "Don't worry about it," he told her. "Come out here."

The trooper asks if there is anything illegal in the car after claiming to smell marijuana.

Hamilton answers no.

He also pulled Randle from the car and gets on the radio to call for a female trooper.

"One of them has got her zipper open on her pants of her daisy dukes shorts -- whatever they are," he said.

The male trooper reportedly found a small amount of marijuana in the vehicle.

The attorney for the women, Allie Booker, doesn't understand why the cavity search was done.

"If you claim they were in the car doing something they had no business, and you claim you had the butt end of what they were doing, why do you need to do a cavity search," Booker said.

Hamilton was searched first and in the video, you can hear her reaction.

"Are you serious," Hamilton asked the trooper.

"If you hid something in there, we're going to find it," said the trooper.

"You're going to go up my private parts," Hamilton said.

"Yes ma'am," she said.

Nothing was found on either woman, and they claim gloves weren't changed between searches.

KHOU 11 News legal analyst Gerald Treece watched the video.

"I think it's the violation of the 4th Amendment to do these type of body cavity searches," said Treece. "The thing that's offensive about this is the fact that it's the most intrusive type of search which is a body cavity search and the question is for what."

One of the women is still dealing with a marijuana charge. Both have filed a federal lawsuit against the officers involved.

The female trooper in this case, Jennie Bui, was fired June 29. The male trooper, Nathaniel Turner, was suspended June 10, and remains suspended by the department pending the outcome of an internal investigation.

“The department does not and will not tolerate any conduct that violates the U.S. and Texas constitutions, or DPS training or policy,” said DPS Director Steven McCraw.

McCraw was also listed as a defendant in the lawsuit.

Brazoria County Sheriff Charles Wagner and deputy Aaron Kindred are defendants in the lawsuit as well.

Their office had no comment.

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