Home»Legal Encounters»Woman suing Texas DPS over roadside cavity search due to marijuana smell

Woman suing Texas DPS over roadside cavity search due to marijuana smell

The Texas Department of Public Safety is being sued in federal court by a woman who had a full body cavity search on the side of a busy public road after troopers claimed to smell marijuana.

Jennifer Stelly and her boyfriend Channing Castex were driving to Surfside Beach when they said they were pulled over for speeding in Brazoria County in March 2013 according to Houston 2.

Castex was handcuffed and put in the back of a patrol car after he admitted to having smoked marijuana. Troopers then claimed to smell marijuana and began searching Stelly’s vehicle as they waited for a female trooper to arrive.

Stelly was then subjected to a full body cavity search in front of a cruiser dashcam during the day on a busy highway.

No drugs were found.

“She started going into my clothing and she penetrated areas that I don’t wish to disclose at this point,” Stelly said. “I was scared. I was violated. I didn’t know what to do.”

Stelly has filed a lawsuit in federal court against the Texas Department of Public Safety, its director and four state troopers. One of those troopers includes the same trooper involved in two roadside cavity searches two years ago.

The suit claims Stelly’s constitutional rights were violated.

“It’s not right for you to sexually violate someone,” attorney Allie Booker said. “There is no clause in the constitution or any other law that allows you to do that so they need to be fired.”

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Stephen Carter

Stephen Carter is a journalist and information technology specialist living in Waco, Texas. He has been working with the cannabis movement since 2009. He founded Texas Cannabis Report in 2013 to bring Texans accurate cannabis related news.

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