Can the Police Detain You After Issuing a Warning Ticket
My question involves civil rights in the State of: Texas
I believe I was illegally detained during a traffic stop. I was pulled over for a headlight being out. The DPS officer gave me a written warning and i thanked him for that. After he hands me the ticket he then asks me to search my car. He has no probable cause so I say no and I tell him "Sir, i have the ticket already, so this stop is over and im free to go; Right?" and he says no, I'm being detained. So I ask him a few more times and he still wont let me go. He also says he'll shoot me if l touch anything the wrong way. Which scared me but l know it was true. Anyway I sit there scared for 15 more minutes and wait for a dog. The dog apparently alerts so i get out and they spend 45 minutes searching my car and of course find nothing. They caused minor damages to the inside of my car and finally let me go. My question is were they legally detaining me on suspicion only, during a traffic stop i already got the ticket for? If not, what no matter how small can l do? l love America because of our rights and l felt molested. I recorded most of the incident.
Re: Can the Police Detain You After Issuing a Warning Ticket
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uscitizen12
My question involves civil rights in the State of: Texas
He has no probable cause so I say no and I tell him "Sir, i have the ticket already, so this stop is over and im free to go; Right?" and he says no, I'm being detained….My question is were they legally detaining me on suspicion only, during a traffic stop i already got the ticket for?
As you tell it, the detention after the ticket was not legal. But that hinges on your conclusion that the officer had “no probable cause.” If you are right about that, then the detention violated your rights. However, the cop may have noticed something you weren’t aware of that would have been sufficient probable cause to detain you long enough to bring out the dog, and once the dog hit that may have been sufficient for a further search. In short, the details of what information the cop had matter, and chances are the cop did not discuss all that with you. If your rights were violated you could sue but in a claim under federal law you’d only win nominal damages of $1 unless you can prove you suffered actual damages from it. Texas law likely also only compensates you for actual harm suffered by any illegal detention. You said there was minor damage to the interior of the car. You may be able to sue to recover that if you wish.
Re: Can the Police Detain You After Issuing a Warning Ticket
what was the total time of the stop up to the time the dog got there?
Re: Can the Police Detain You After Issuing a Warning Ticket
It only took about 15 minutes for the dog to get there. But I noticed he actually scratched the outside of my car.
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He actually said "We have suspicion that you may be in possession of illegal things" Which i wasn't. But I responded by saying that he can't detain me on suspicion alone; and he said he is gonna detain me until he concludes his investigation. I really don't want to sue. I'd rather just file a complaint against him to make a point and maybe he will follow the rules next time. I hate it when cops think they can do whatever they want just because they have a gun and badge. They can't. Thats what used to make America better than other countries.
Re: Can the Police Detain You After Issuing a Warning Ticket
Then file the complaint. If the agency is serious about reining in bad cops and education and training their personnel, they will take the matter seriously.
Re: Can the Police Detain You After Issuing a Warning Ticket
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uscitizen12
It only took about 15 minutes for the dog to get there. But I noticed he actually scratched the outside of my car.
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He actually said "We have suspicion that you may be in possession of illegal things" Which i wasn't. But I responded by saying that he can't detain me on suspicion alone; and he said he is gonna detain me until he concludes his investigation. I really don't want to sue. I'd rather just file a complaint against him to make a point and maybe he will follow the rules next time. I hate it when cops think they can do whatever they want just because they have a gun and badge. They can't. Thats what used to make America better than other countries.
I believe it has been determined that 20 minutes has been a time allowed to detain while a dog is brought to the site. If that holds true, then there was nothing improper about the detention. Granted the time specified was intended to approximate the time one is held in the event citation if none was written and in your case, the citation had already been delivered. That may make a difference in your case but I doubt it if reasonable suspicion can be articulated.
and yes, they can detain on on REASONABLE suspicion alone. Note; it must be reasonable. They must be able to articulate what brought them to the reasonable belief you may have drugs present. Failing that, yes, it was an illegal detention but given the dog keyed, there is support for their suspicion.
I don't think you have anything other than any actual damage caused by the dog or the police. Make a claim for any damages with the department involved and go from there.