Texas set to 'terminate' trooper following roadside cavity searches11:48 am - 01/30/2013
The female Texas trooper who performed a roadside cavity search on two women will be terminated, according to the Department of Public Safety.
Th two women from Irving are suing rooper 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.
The dashcam video of the incident is at the source with trigger warnings, I didn't watch it...
Edited for the cut fail...sorry