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  1. #1

    Default Police Searched Me Without Reason

    My question involves police conduct in the State of: Texas

    So, i had just left the bank and I was walking home with a friend.. We get halfway down and a officer pulls over and asks for our names he proceeds to pat down my friend, then walks to me and sticks his hands in my pocket.. Pulls out my wallet and then starts to count my money? Then he ask's how I got that much money am I working etc? I was wondering if he's allowed to do such a thing and If i could sue?

  2. #2
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    Default Re: Police Searched Me Without Reason

    If everything is as you describe, no, a police officer cannot legally do that. From your brief description, I cannot say what the police officer was suspicious of or what justification he might have thought he had.

    Can you sue? Yeah, you can. If there is nothing missing from your account, he violated your 5th Amendment rights. However, since you suffered no harm beyond an inconvenience and, maybe, bruised dignity, it is doubtful that you would get much in the way of a settlement even if you won...and winning would be far from certain.

  3. #3
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    Default Re: Police Searched Me Without Reason

    All it takes is an articulable suspicion that a crime is being committed to make the stop and cursory search.

    http://en.wikipedia.org/wiki/Terry_stop

  4. #4
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    Default Re: Police Searched Me Without Reason

    A Terry search is just a superficial pat-down to make sure that there are no weapons, though.

    Thumbing through someone's wallet is not part of a Terry search.

    Although ... I think there is something more to the original poster's story. Probably a lot more, because it doesn't sound plausible.

  5. #5
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    Default Re: Police Searched Me Without Reason

    Quote Quoting flyingron
    View Post
    All it takes is an articulable suspicion that a crime is being committed to make the stop and cursory search.

    http://en.wikipedia.org/wiki/Terry_stop
    the reaching into the pockets and the removal of the wallet and the look into the wallet are all beyond the actions allowed under Terry.

    the situation was limited to the pat down and only that if there was articulable suspicion there was a possibility there was not only a crime afoot but that the OP did possibly possess a weapon.

    Obviously we do not have the cops input on this and I can think of of scenarios that would lead to allowing what happened but that would be speculation at this point.

  6. #6

    Default Re: Police Searched Me Without Reason

    Well a more brief description to help?

    I live in a small town, so the cop's here aren't exactley by-the-book.. ( They drive around 12:00 at night with all there lights off just cruising through tha back blocks. )
    So they know me, and I have been in trouble in the past... But i was literally just walking up the road after I left the bank with a friend, on the right side and everything breaking no laws.. He pulls up infront of us, steps out ask's if he can pat us down, we do not refuse.. He pat's all my friends down but for some reason decides to stick his hand in my jacket pocket, he then pulled out my wallet walked infront of me. ( He was behind me at the time. ) Opened my wallet, looked at my money took it out and counted it, he then handed me my wallet and asked for me to pull my ID out searched my other friend and ran all our names.. Then said we could continue? So we went home. My mother had even texted the officer telling she heard he had taken my wallet and counted my money and it was legit just so he know as he replied ' O Ok. ' <-- Could that be used as admittance?

    - I'm on a forum, I don't think I really have a reason to leave anything out or lie?

  7. #7
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    Default Re: Police Searched Me Without Reason

    It's not a matter of intentionally leaving something out and to lying; there are many that do.


    from what you have stated, and given that I do not understand what this means:

    My mother had even texted the officer telling she heard he had taken my wallet and counted my money and it was legit just so he know as he replied ' O Ok.
    Unless the officer can articulate (provide) probable cause for a search, it was illegal.

    The problem: it costs a lot of money to fight a civil rights suit and the end result is often $1 to the injured party and the court stating the actions of the cop was illegal. Whether there is any more action than that varies with the violation.

    You would likely be best served by, if you want to do anything, filing a complaint with the department the officer works.

  8. #8
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    Default Re: Police Searched Me Without Reason

    As I said before, I cannot speak to what the officer may have been thinking or what justification he felt he had. But, the bottom line is, from what you describe, the officer conducted an illegal search. This violated your 4th Amendment rights. Without knowing what information he had, I cannot speak to whether it was also an illegal detention. But, it was an illegal search (again, taking you at your word regarding what happened).

    But, jk is right. Suing him would likely be expensive with little chance of a payday even if you won. And winning would be questionable. However, you should definitely file a report with his department. I would advise going to the department in person rather than calling. If you are a juvenile, go with a parent. Speak to an Internal Affairs investigator or a supervisor (many small agencies do not have investigators specifically assigned to internal affairs issues) and ask to make a formal, WRITTEN complaint about the officer’s actions. State that you feel the search was illegal under Terry v. Ohio as the officer had no reasonable suspicion that you were armed or a danger to him. And, further, that his search went well beyond the “pat-down” allowed by Terry even if the officer did have articulable reason to suspect you were armed.

  9. #9

    Default Re: Police Searched Me Without Reason

    Quote Quoting Michael44
    View Post
    A Terry search is just a superficial pat-down to make sure that there are no weapons, though.

    Thumbing through someone's wallet is not part of a Terry search.

    Although ... I think there is something more to the original poster's story. Probably a lot more, because it doesn't sound plausible.
    Thank You ....

  10. #10
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    Default Re: Police Searched Me Without Reason

    A lawsuit will change their procedures. You might get a couple hundred out of it.

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