McGee v. State – Case Brief Summary (Texas)

In McGee v. State, 105 S.W.3d 609, 617 (Tex. Crim. App. 2003), police officers, acting on an informant's tip, approached McGee, a suspected drug dealer. They observed "'marijuana smoke in the air above McGee and a marijuana cigarette on the ground next to him.'" Id. (quoting McGee, 105 S.W.3d at 614.).

They "arrested McGee," "drove him to a nearby fire station," and, "in a secluded area of the station," ordered him to "'drop his pants, bend over, and spread his buttocks.'" Id. at 358 (quoting McGee, 105 S.W.3d at 613). In finding the search reasonable, "the court held that the searching officer acted appropriately to protect the privacy interest of McGee because he took him to a separate location within the firehouse that was more secluded." Id. (citing McGee, 105 S.W.3d at 617).