I got pulled over for making a wide turn : police asked for id.etc I was good then he req to search car...?

Question

I didnt have any probable cause, no ticket , just warning said If i didnt give him permisison he would get k9 to come cuz he had probable cause due to my sister has a warrant and used my name b4 as a alias . which was in another city a year ago. I do not look like her and we are 5 yr apart , she tall im short so I said look go ahead take a look I just need to be on time to a class . so he did and nothing of course then said k9 was coming anyway cuz i hesitated when he first asked me so he had a reason ,,, k9 searched and nothing .. but he still wasnt happy!! said k9 was new.. he did a personal search and nothing said he will take dash board apart etc i had car 1 month so far from totally legit strait person , he gave up and said for me to watch out. I never even got a ticket before in that city , what are my rights? he let me go after 2 hours of b.s with a warning to not make wide turns. no paperwork signature etc. just warning what are my rights!!

Answer 1

The officer had probable cause to stop you and continue an initial investigation because of the warrant issue.

The officer also had a right to ask you for consent to search. If you give consent, then you have no complaint. Had you not given consent he can request a K-9, however, he still has to articulate to the K-9 officer why he wants to use the K-9, or in other words be able to provide a lesser amount of probable cause referred to as "reasonable suspicion." Because your sister has a warrant, gives the officer no "probable cause" to search your car unless he's not yet determined that you are not, in fact, your sister and has other probable cause such as contraband observable in plain view or smells an odor of illegal contraband.

If the dog failed to "alert" he has no legal ground to continue a search without consent.

I can't say you have a complaint of a civil rights violation, but I do believe you have a complaint about the manner of which things were handled. This problem could be addressed to the police chief or you could contact an attorney to get the best legal advise for available options.

You need to realize, as others have already stated, your sister hasn't helped matters either. As long as she's used your name for her endeavors, you will be thrust in to the "lime light" as far as delayed stops by law enforcement while they look into that issue.

As a minimum, I would have issued you a written warning, however, it appears your release without a ticket was an effort to "make things better!"

I will not attempt to make excuses for this particular officers actions, however, I think I'd have handled the situation a bit differently and more professionally than what you describe.

There are always some less than professional types in every walk of life. Don't judge all by ones actions.

Best wishes!

Answer 2

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Answer 3

Making a wide turn might mean impaired driving so the cop had every right to pull you over. When making a turn you are supposed to take the nearest inside lane. Not any damn lane you feel like. As far as the vehicle search you could have said no and the cop would have to let you go. Unless the cop has probable cause (seeing or smelling something suspicious) then the cop has no right to search you or your vehicle. Asking to be searched is a scare tactic and most people are too afraid to say "no". Next time tell him that unless he or she has a reason to search the car you are leaving. If the cop won't let you then ask for a search warrant. No cop in the world is going to wake up a judge to sign a warrant just for the hell of it. On the other hand, if you're not busy then let them get the warrant and when there is nothing found, get an attorney and SUE. You'll be Bill Gates rich with the settlement. Cheers!!

Answer 4

Get a No Cost Background Check Scan at https://bitly.im/aNHV5

Its a sensible way to start. The site allows you to do a no cost scan simply to find out if any sort of data is in existence. A smaller analysis is done without cost. To get a detailed report its a modest payment.

You may not realize how many good reasons there are to try and find out more about the people around you. After all, whether you're talking about new friends, employees, doctors, caretakers for elderly family members, or even significant others, you, as a citizen, have a right to know whether the people you surround yourself with are who they say they are. This goes double in any situation that involves your children, which not only includes teachers and babysitters, but also scout masters, little league coaches and others. Bottom line, if you want to find out more about someone, you should perform a background check.

Answer 5

Here will be a good educational note for you. First off, the seach he conducted was legal. Because "you" gave him permission. You had the right to say no. Threatening you with the use of a drug dog, does not mean he has the right to look in your car. You can say: no. If he asks you to search your car you can say yes or no. If you say no that cop would have to go through the process of getting a warrant. Then you would have no choice. Personally I would have said yes, because if you have nothing to hide let him spend his time searching your car. Personal check is another ball game. He had no purpose touching you. Reason is you surrendered your D/L, you are now identified as "not your sister". He has no reason to search you now, since his so called "probable cause" was in regards to your sister. You keeping your sister in your pocket? Remember you do have the right to know the reason of the stop, cause and reason he wants to search your car. If he say because of your sister there is only one place he can look, well two. In your car example seats for a passenger and your trunk. If he wants to dig through your glove box for your sister, that is beyond the scope of the search don't you think? This was a good example of him using his power to threaten you and harass you. Although you allowed him, its over now you can't fight it due to your permission. But next time you should look into the laws of searches. I'm a military cop soon to be a civilian cop, I know. Good luck and don't let all of them push you around.

P.S. in regards to the other posts, you can not sue them now because you gave them permission. If you feel violated in regards to him searching you, that is different. But after you allowed him to do it, it is then called a "Permissable Seach and Seizure" So before you waste time getting an attorney look this information up, it will save you time and give you good knowledge for further events that occur.

Answer 6

He had ALL the reasons to do what he did. He would have actually got in trouble if he didn't. I am surprised they let you go without having to take the car apart. Your sister has an existing warrant on her and YOUR name is listed as an alias on that warrant. This is not a joke and is a very serious thing. You will get these kind of trouble many times in your life ahead because of your sister's stupidity and total disregard for your life.

Answer 7

ok he is going to apoligize but its gonna be sorry in green. first you play dectective.

1. his name or badge #
2. character witnesses (mom, teacher etc)
3. on-the-scene witnesses - within that two hour time someone saw and stuck around to watch results store owners loyal customers. You recanvas that area showing your face is good enough to jog peoples memory get a statement in writing
4. time and date help as well make sure its accurate
5. dash cam - if the cruiser has a dash cam then it recorded once he flashed his lights therefor there is a report that exist get that.
6. pictures of damage caused
7. fingerprint kit - try to get the officers print from the dash


you are a victim on unreasonable search & seizure although you have no criminal history the officer(s) continued to press you trying to give you a reason to lash out. They are lucky they didn't arrest you. then you'd have their badge. All & All you can file a small claims or a civil suit because from what you say they detained and harrased you for nothing

Answer 8

im not sure where you are from but the state which i live an officer has 20 min to conduct a normal traffic stop. now if your sister used your name and it showed a warrant here that gives the officer the right to preform a inventory search of the vehicle and unless he finds something illigeal during that he has no right to dimantle your ride. he can take you into custody for the warrant until you prove it was false identity. contact your local attorney genral, they can tell you your rights in the state you live in

Answer 9

Although the driving offense would provide probable cause for the stop, you had the right to deny the consent to search. He would have had to release you with or without a summons at that point. It's that simple.

Answer 10

You have rights. If he conducted an illegal search, without probable cause, he's broken the law. I don't know what state you're in, but you could pursue it. If it were me, I would begin getting an education. And I would also, file a complaint with his department. There are controls for cops who use their authority to violate the laws they are entrusted to protect.
Gee...what a surprise the cops abuse their power??? What he did is wrong. Hope you get some satisfaction here!