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The female Texas trooper who performed a roadside cavity search on two women will be terminated, according to the Department of Public Safety.
The two women from Irving are suing Trooper David Farrell, Trooper Kelley Helleson and the director of the Department of Public Safety for what they call an unconstitutional search without probable cause.
DPS spokesman Tom Vinger released the following statement on Tuesday: "The Director of DPS has made a preliminary determination to terminate Kelly Helleson. By policy, she will be given the opportunity to meet with the director before the decision is finalized."
Helleson was suspended with pay on Dec. 19. Farrell was suspended with pay effective Dec. 21 pending the outcome of an investigation into the incident.
On July 13, while driving along State Highway 161, Angel Dobbs and her niece Ashley Dobbs were stopped for littering by Farrell. In the dashcam video released by the women and their attorney, Farrell can be heard telling the women they would both be cited for littering for throwing cigarette butts out of the car.
Farrell then returned to his cruiser and, in the video, can be heard calling female Trooper Helleson to the scene to search both women whom he said were acting weird.
While waiting for Helleson to arrive, Farrell asked Angel Dobbs to step out of the vehicle and began questioning her about marijuana use. In the video, the trooper is heard telling Dobbs he smelled marijuana coming from the vehicle while asking her several times how much pot was in the car.
After Helleson arrived, she can be seen in the dashcam video putting on blue latex gloves to conduct a search of both women. According to the lawsuit, when Angel Dobbs asked about the gloves, Helleson "told her not to worry about that."
'I was totally violated'
In the lawsuit, Dobbs said the trooper conducted the cavity search on the roadside, illuminated by the police car's headlights, in full view of any passing motorists.
"This has been an eye-opening experience for me. I've never been pulled over, never searched like this. I was totally violated over there a few minutes ago... this is so embarrassing to me," Angel Dobbs said on the video.
"I've never been so humiliated or so violated or felt so molested in my entire life," Angel Dobbs told NBC 5.
Dobbs said she never gave consent for the trooper to "frisk, pat-down, search or otherwise touch her" and that she never gave consent for Farrell to search her vehicle -- which he can be seen doing in the dashcam video while the cavity search was under way.
Dobbs said she was powerless to stop it. "What are you going to say? What's going to happen to you if you challenge that authority?" she said.
With the cavity search concluded, Farrell then asked Dobbs about prescription medications found in the car. Dobbs said they were for her thyroid and for migraines. According to the lawsuit, Dobbs also suffers from a medical condition that was irritated by the search.
Meanwhile, Helleson can then be seen performing the same cavity search on Dobbs' niece, Ashley.
"It's because somebody is a daily smoker in that car. OK, you can attribute it to that," Farrell can be heard saying on the recording.
The lawsuit further alleges that Helleson performed searches on both women, touching both their anus and vaginas, without changing the latex gloves between searches.
"I don't think anybody needs to have to feel, or go through what we went through," Ashley Dobbs said. "It crosses my mind every day. It's humiliating," she said.
After searching the entire car and finding no narcotics, Farrell then administered a DWI test that Dobbs passed, the lawsuit said. The women were then issued warnings for littering and released at the scene.
The lawsuit goes on to say that a bottle of prescribed hydrocodone was missing from Dobbs' car and purse after the search. The women returned to the scene of the traffic stop the next day to search for the medication, but it was nowhere to be found.
Their lawyers say the search was illegal and a complaint about it was filed in August but that DPS Texas Rangers who investigated the incident took no action.
"This is outside the constitutional grounds by a mile. It's not even close," attorney Scott Palmer said. "This has to stop. These two need to be stopped. There's no telling how many other people they've done this to and we hope that others come forward."
Attorney Charles Soechting Jr. said his father was a DPS trooper and he has great respect for the agency. "But in this instance they have completely failed the citizens of Texas," Soechting said.
Soechting said a records request to DPS produced no policy that allows for cavity search of any suspect in public.
"What we're dealing with is a Class C misdemeanor. It does not justify any type of pat-down, let alone an invasive search of cavities of women," he said.
DPS has not commented on the case.
The women are requesting a trial by jury and are asking for unspecified, compensatory and exemplary damages and interest as well as recovery of attorney's fees and court costs.
The Dallas County District Attorney's office told NBC 5 it has received the case and will refer it to a grand jury this month.
Related:
Dashcam video of incident (WARNING: Contains explicit language and some may find footage disturbing)
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Six shots fired and kiling two dogs fighting outside a PA High School , finishing them off with a shotgun and now this? Cops are out of control, no wonder they are quiet about the NRA and guns. They could be part of the gun culture problem too.
320 million people live in this country you buffoon. Gun culture problem? Yeah whatever.
I hope she wins big time! Cops all over have such a great deal of power over you and you are powerless. Cops get away with violating the same laws they are to enforce, Their union is very strong and the city prosecuter in Portland said on the news that he never wants to prosecute a cop no matter what the charges against them are. Yet cops violate our constitutional rights every day and night. All they need to search a car is say I smell dope which gives them probable cause for a search. Prosecuter's also violate our constitutional rights with the Grand Jury which is used when the cops don't have enough evidence against some one. You can not have your attorney with you while in side the jury room, This is unconstitutional. The prosecuter can say anything to sway the jury in his favor to get some one held for trial, this is unconstitutional because the prosecuter can say anything that he can not say in a court of law.
Folks when it comes to cops now-days, it's all about power and prominence, the gun and badge has gone to their heads. They both need fired and sentenced to 20 years behind bars. To be frank with you, I don't know any honest, really descent cops anymore, they're extinct. I was stopped once for no tag light by a State Trooper, I was kind and polite. He called to the rear of my truck to point out the lack of a light, I had been fishing that day and the wire was broken to the light. I just politely said, well I see the wire is broken, I guess I'll buy some electrical tape and reconnect it, the cop then said to me, I don't give a damn how you fix it, just get it fixed, which shocked me. They also enjoy verbal abuse, they're better than common folks.
I don't kno9w any decent, non druggy muscleheads so I prefer cops. Sorry your little girl feelings were hurt when the cop brushed you off for crying over a broken taillight.
Skigoof, it's called mutual respect, I can see you've never heard of that, go stick your head in the snow! You sound like most cops I know, hint, hint.
This is one of the reasons why I have a gopro camera and use it as my own dashboard cam. I don't trust the cops at all. Whenever a cop gets behind me I always make the next turn possible either down a street or into a shopping center. The cam is good for the possible road rage jerk, accidents, etc. Another great device is the inexpensive sunglasses cam.
The cheapest way is just to be law abiding, like I am. Its free.
skibum, you seem to be an apologist for the bad behavior and/or criminal actions of law enforcement officers. You'd feel right at home in China or North Korea.
Welcome to my ignore list. Please feel free to reciprocate, as I would consider it an honor.
skibum609, you failed to get the point I was making. These people that got searched did nothing wrong. My point is the police are able to do whatever they want that is why I avoid them every chance I get. Get clue idiot.
These two should do some jail time to send a clear message that the citizens are not going to stand for this kind of abuse from the ones that are supposed to be helping and I hope a civil suit burns the DPS severely enough to improve the troupers education of the law.
People are having second thoughts about dialing 911 for help for fear they could end up in jail from over zealous cops.
This thug with a badge should be sent to jail for sexual Battery and abuse of power.
Neither one of those cops should work as mall security guards much less police officers
Perverted pig, with nothing in the cavity between her ears. Weed em out....
It blows my mind that an law enforcement professional would think that it's acceptible to cavity search someone on the high way. If they don't have enough evidence to take them to the station then they don't have the evidence to cavity search. Also you can't tell me that the male trooper didn't know what female trooper was gonna do. They discuss everything when it comes to procedure so they're on the same page. They both should be charged with sexual abuse.
I made it down to "...citizens of Texas" when a lightbulb appeared above my head. No explanations needed.
They'll be fired? That's all? They broke the law and that's all? Now on leave with pay? And then will be able to contest their dismissal, and get all they're back pay with interest and their jobs back?
I am not certain you understand the consequences of the video and being fired in such a position. She or them both will not be able to work in any law enforcement agency within the American Territories. If they are lucky they could get security guard positions. In all respects both of them, especially if they are fired, have now had their lives properly ruined. They will be forced to back to schooling or work minimum wage or construction.
Pretty bad punishment actually.
They both should be fired and both go to jail for Rape: Just because you wear that badge it doesn't give you the right to violate someone body.
Um how do they both go to jail for rape when the video clearly shows that the male officer touched neither? Was it really so hard to think up something less ignorant?
Hey Skitroll, you are one of the rudest people I have ever read on any posting. Please refrain from insulting and ignorant behaviour. The male cop was an abettor which is means he is as guilty as she. This is a criminal as well as a civil violation.
So nice to know you can't be raped by the police for smoking pot in my state.
The only reason for justice here is ....... it was on video....otherwise they'd laugh in the face of the person who was violated! I am sure this is not the first time this has been done...the female officer just done what was routine..but got caught. The male officer there too should be fired.
Plus the officers stole the pills..high times for a shot while..for the officers. Maybe the officers were really just wanting a joint! Ahh what a crazy world.
Why is it when a police officer commits a crime they get put on "paid adminstrative leave"? I wish I could get a paid vacation if I ever got caught commiting a crime!
Texas State troopers are college educated and are supposed to be smarter then this. Smelling something could be probable cause to request a sobriety test. You don't have to agree to it. Patting down the suspects... allowable to insure no weapons if suspect is under arrest, but cavity searches and a car search without permission or without a warrant?
I think you have a case of ego here whereby the officer was convinced that he was going to find something if he just kept looking harder... constitutional rights be damned.
These two don't deserve the public's trust and I hope the Director tells them that as he plants his # 10 in their backsides on the way out.
Jail time, nothing less, is the only way to stop this sort of official oppression . . . .
Wrong; we'd be paying for their jail time. I have another post above which outlines just how bad being fired from a position like this for a reason such as this actually is. They are pretty much black flagged within the law enforcement agencies now.
They both need to be fired. Some cops are just so stupid and arrogant. It is amazing how half the pigs in this country actually qualify to be one.
We serioulsy need to have more restictions on who can be a cop. I think we have enough former ex-high school jocks with a passion for guns and power running around our streets.
Amen to that, and 99.9 percent of the populace are just too stupid to open their eyes and see it . . .
A lot of people who have power become servants to that power. It is human nature and unfortunately policing is something with power that is needed for those without.
Welcome to the prision industry in Amerika! Got to keep that taxpayer money coming!
. . . BOTH cops need to go to jail for sexual assault and register as sexual predators, because that's exactly what they are . . . . no telling how many times they've done this or something similar . . . . just way too many wackos wind up in law enforcement and are subsequently given a free pass for whatever their aberrant behavior is . . . .
Both of these troopers should be charged with assault and sent to prison where they can be the victims of random cavity searches.
KNOW YOUR RIGHTS. See I wouldn't have taken that ... but unlike these women I wouldn't be in a possition to sue right now either. I'd have been charged with some form of assult and never get to have my say. What DO you do when a police officer is abusive?
What do you do? First you brush up on your legal knowledge. The female officer had no right to violate the women without probable cause. Probable cause can be found with permission or a warrant to search a car (or a detector to grant probable cause to search the car). From there if her story doesn't check out for the pills then a light frisking for weapons and 24 hour detainment with a legally warranted cavity search could then be a possibility.
In short the officer was counting on the women not knowing her rights and she did indeed not know them. The instant the female officer touched the women down there a lawsuit was started. Now the women is essentially crying rape which she has every right to.
Any interactions I have had with police, state troopers, etc. have generally been good ones. Even when I get stopped for speeding (I drive a cute cute cute little red sports car) it has always been conducted approproately and with courtesy. However, on my way to Memphis a few years ago, in a little "podunk" town in Mississippi several of us were pulled over for speeding (speed limit signs went from 55-35 in 10 feet). That in itself is illegal, speed signs are supposed to be at minimum 100 feet apart to allow enough time to slow down. Not surprising all pulled over were from out of town. Two very large police - not local- but if I remember correctly were state troopers, were menacing to the women in particular - they had one elderly woman in tears. I am arrogant enough to challenge power abuse individuals. they were yelling at people while I paced out the space betweent the signs, I was threatened by them with jail if I continued to do so - I told them go for it, pulled out my cell phone and called my husband and my attorney. They got in my face wanting me to touch them so they had an excuse to haul me to jail - a man videoed what was going on and they threatened him also - he told he was merely filming the countryside haha. The tickets which were issued were $348 each!!! I turned mine over to my attorney and I believe the others did the same, we filed a lawsuit and won on the basis of the videotape and testimony. The state of Mississippi paid big time. Did the officers lose their jobs? I do not believe so - the comment about police ticketing out of towners is spot on - they count on the victims of such treatment to just pay the ticket rather than go back for a court hearing. On another note - those of you in the path of the storms I pray you stay safe, and if the storms have passed you that you weathered them safely. Have a good day all.
Finally, someone with a little bit of basic legal knowledge.
I can nod to the statements above. There are various situations where a legal hearing on the matter will remove the charges and the ticket. Speeding, being one of the most common forms of breaking the law in the United States is a good one to talk about.
Here are a couple examples where speeding, while still prohibited, is more cautionary than illegal:
1. You are pulled over for going 5-10 over down a hill. Many courts will rule while the officer was within his legal right to pull you over that, so long as you understand that going down a hill doesn't give you a free pass to speed. You are not actually guilty of speeding as it is difficult to determine the velocity and momentum of a vehicle (in operation) when going down a hill.
2. Speed signs: As Maggie stated above it is illegal for signs to not be spaced far enough apart. However, even if they are spaced far enough apart many veteran officers will give some leeway so long as you show you are lowering your overall speed. They do not expect you to stomp on your brakes and skid down from 55 to 40 but rather show that you are making a solid attempt.
3. On the other hand if you know you are getting a hefty fine and maybe even going to jail and don't have much to lose, jump into the passenger seat, put on your seat belt and wait <~ This cannot actually get you in trouble unless you openly lie to the officer. Chances are he/she will have a laugh about it later anyway. (I don't recommend this option)
Finally, remember to be courteous. I will admit to having been caught speeding and going a considerable amount over the limit at the time. However I had just gotten off a hill and while attempting to pass a person that person kept speeding up and slowing down to match me. Once this was kindly explained to the officer he gave me the ticket but did not take my license away. I learned my lesson and also brushed up on law a little bit. It would be wise for any reading this to do so as well.
Here we go again folks...its the same old Texas cop mentality..( I've got a gun and a badge and i'll do whatever the hell i feel like doing)...i hope these ladys get so much money that their Grand children never have to work a day in their lives...all this stems from a cigarette butt being dropped from a car (BIG DEAL)...write them a ticket and send them on their way. Law enforcement in this country is getting way out of hand and it needs to be stopped....take the ball and run with it ladies i hope you make them pay until it hurts
terminated !!!! i hardly think she needs to be put to death over it !!! but texas is a tuff place ..
they should be charged with rape. a lot of people get charged with rape for a lot less than that.