Friday, October 20, 2000

Tyrone officer accused of strip-searching teen

By JOHN MUNFORD
jmunford@TheCitizenNews.com

A Tyrone police officer has been accused of unfairly strip-searching a local teenager under the belief that he had marijuana in his possession.

Officer David Yates has been put on administrative leave with pay while the Georgia Bureau of Investigation probes the allegations, said Tyrone Police Chief Roger Spencer. Joey Skinner, 17, said the incident took place outside the Tyrone city limits on Mann Road when a sheriff's deputy pulled up to where he was parked off the road to speak to a friend and his cousin.

Skinner said Yates appeared moments later and began to question him, asking, "Where's the dope?" The officer indicated that he smelled marijuana on Skinner, the teen said.

Skinner claims Yates ordered him to pull down his pants, and then his shorts to expose the boxers he was wearing. Then, Yates checked the waistband of Skinner's boxers before pulling them down to expose his genitals, Skinner alleges.

"I wanted to be as cooperative as possible to get the situation resolved," Skinner said. "I had no idea he would take it that far."

Spencer confirmed that he heard Yates say he didn't perform the strip search during an interview with a GBI agent. He was not arrested and no contraband was found.

Skinner said the incident embarrassed him since it occurred in front of several friends, including a female friend of his.

Skinner's attorney, Ben Davis Jr., said Skinner has already sought "professional help" to deal with emotional scars the incident has left on him.

Davis claimed that Yates didn't have probable cause to perform a strip search or even search Skinner's pockets. Georgia courts have ruled that the smell of marijuana does not create enough probable cause to warrant such searches, Davis said.

Chief Spencer said it is not uncommon for his officers to assist county deputies when requested and he had heard that the deputy requested assistance though he wasn't sure.

Davis said he has requested records regarding complaints against Yates from the city. He also filed a letter of complaint outlining the allegations.

Spencer said "a lot of people" have come to give words of support to the police department, particularly after a recent radio interview with Skinner on Atlanta's 96 Rock that was critical of the department.


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