yesterday i got pulled over for supposedly changing lanes illegaly. then they told me to get out of the car, and handcuffed me. then they brough a k-9 out and he didn't seem to do anything or bark. but next thing i know they are searchin my whole car and trunk without asking. what is the deal with this?
2006-08-04 17:32:53 · 24 answers · asked by Aaron 2 in Politics & Government ➔ Law Enforcement & Police
well the dog just did normal sniffing and they said he indicated. which like someone said they could say for anything the cop did.. they didn't find anything in my car but they sure made a mess of the stuff in there... the fellow riding with me was found to have crack rocks. i didn't know him just giving a ride (long story). they let me go but i got a damn $118 ticket for not signaling.
2006-08-04 17:46:25 · update #1
Before I came to work at my husbands company, I was a deputy for several years. I can tell you that there are certain rules that must be followed. Your car could be searched WITH your permission or WITHOUT, but only under certain conditions. If you were being placed under arrest the car could be searched without consent. This is called search subject to arrest. The car could also be search, but limited to within the reach of the driver, without your consent. This is usually where the officer only looks in the ash tray, a middle console, under the driver seat and glove box ,if it isn't locked. An officer may also get a warrant and search your vehicle without consent, if he has probable cause. As for probable cause, he would have to fill out an affidavit and request a search warrant and spell out the probable cause, such as the smell of marijuana was detected or an alert by the drug dog. These warrants are such a hassle and they are usually only done when the officer knows he will find something in the vehicle.
Since 9/11 so many things have changed and I left the department prior to that and so I might be giving you the old rules. unfortunately, we Americans have lost so many rights and you may have experienced that last night. I would advise you to look up the laws in the state in which you live.
Sorry this happened to you and please be more careful in the future as to who you allow in your vehicle. The officer could have gone harder on you because of that person.
2006-08-04 18:13:41 · answer #1 · answered by historybug 4 · 1⤊ 3⤋
Your story sounds like a case of profiling (either you or your passenger). Illegal lane change is probably the most often used excuse by cops to pull over some one they "suspect" (read don't like the looks of).
If the cop that pulled you over was a k-9 unit it's possible it could have alerted while still in the squad car, in that case your lucky you didn't get arrested along with your passenger (the driver of a car is responsible for anything & anybody in the car).
If, however, the 1st cop called a k-9 unit & detained you until its arrival, without there being probable cause (ie. rolling papers or drug paraphernalia in plain sight, or something along that line), then your rights were violated and you might have a case. But since you weren't charged with anything it might be better to just count your blessings and put it behind you.
Unfortunately, since 9/11 the Bill of Rights has lost what little protection the war on drugs has left it. Americans are heading towards living in a police state if things continue as they are.
2006-08-05 05:45:13 · answer #2 · answered by Dale T 1 · 0⤊ 0⤋
PC on a movable object. Search the vehicle. The courts ruled that PC on a vehicle is enough to search. What needs to be asked is if the search is "reasonable and prudent". Because the vehicle and occupants should be allowed to continue on their way in a reasonable amount of time it would not be reasonable to wait for a search warrant. The K9 would not make a signal that you are able to pick up on. The signal is known by the handler so the the suspect is not aware that the dog had "hit" on a suspected object. Yes, your time is precious and your being "seized" is not pleasant. But you passenger we in possession of unlawful material and you allowed him into your vehicle. Watch the video by Chris Rock about how to act during a police stop and how not to get stopped.
2006-08-05 01:06:00 · answer #3 · answered by dpjejj 3 · 0⤊ 0⤋
Illegal search and seizure. They are supposed to ask before searching unless they are taking you to jail. I live in Dallas and the exact same thing happened to me when I was 18. Illegal lane change. The cop started to search my car and he found an open beer bottle. I told him he couldn't do a damn thing and that I knew my rights and guess what, he let me go without so much as a warning. Contact the superiors of these officers and ask them to pull the audio and video of that day and time and make a formal complaint with the PD.
2006-08-05 00:44:26 · answer #4 · answered by Shelby67grl 3 · 0⤊ 0⤋
just because you didnt notice the dog do anything but regular sniffing and stuff doesnt mean that the dog didnt alert. K-9 units are trained how to alert in different ways. Just because he didnt scratch the crap out of your car doesnt mean that he didnt alert. You should be thankful that you also didnt get arrested with the guy you were given a ride. Since it was in your car you could have also been arrested for possesion.
2006-08-05 01:15:02 · answer #5 · answered by Amber 4 · 0⤊ 0⤋
They used to do similiar things to my sister's friends when we were younger. I was with them once (bad kids, thought they were gang members, did drugs, etc.) and we got pulled over for no apparent reason. They got us all out and got the K-9 out, I watched him and he made no moves, noises or anything other than normal sniffing yet they said he alerted and that gives them probably cause to search. It's BS because they are the ones trained to be able to tell when the dog alerts, not us. So they can lie and say he alerted when he didn't. Them against us and unfortunately they win.
2006-08-05 00:38:14 · answer #6 · answered by Amy >'.'< 5 · 0⤊ 0⤋
You were pulled over for a minor infraction, however, if they have a K-9 and that K-9 senses something they do have Probable cause to search the vehicle.
Without the K-9 if they have probable cause they can search your vehicle.
Without the probable cause they would need to ask you.
Check the 4th Amendment of the US Constitution
2006-08-05 01:18:54 · answer #7 · answered by grumpygal 2 · 0⤊ 0⤋
to be able to search your car you must either be placed under arrest or give consent. there is a little word called probable cause. the excuse of illegaly changing lanes might warrent a road side check to see if your drunk. other then that it should just be a ticket. i would file harrasment charges. especally if you were let go with nothing. fight the facist cops.
2006-08-05 00:41:19 · answer #8 · answered by stanyazfan 3 · 0⤊ 0⤋
No, that's not correct. They should have asked you, and if you refused, they could get a court order to do the search based on probable cause. Your rights have been violated, and unless you were visibly drunk or stoned, they shouldn't have had to restrain you with handcuffs. If this is a true story, I would sue their butts.
2006-08-05 00:39:19 · answer #9 · answered by torreyc73 5 · 0⤊ 0⤋
Just another case of police officers unilaterally dismantelling the constitution. Gorillas in fur coats. Terrorists-in-blue.
Under the stated circumstances of your case, had the police found anything in your car, you can rest assured that they would have put into their report that they asked you for permission, and that you granted them that permission to search your car.
They had no constitutional authority to conduct a Terry-type search on your passinger. Also, it appears that the search of your car was based upon speculation not amounting to reasonable suspicion; hence, illegal.
Good luck.
2006-08-05 15:11:56 · answer #10 · answered by lawservicescenter 1 · 0⤊ 1⤋