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  1. #1
    Join Date
    Aug 2010
    Posts
    4

    Default Police Searched My Car Despite Not Consenting to a Search

    My question involves police conduct in the State of: Florida

    Long story short, I get pulled over for running a red light. After a few words with the officer, he says there has been a lot of gang activity and asks if he could search my car for guns. I say it as clearly as possible "I do not consent to any kind of searches." He looks at me sightly irritated and then gives me the usual We can do this the easy way or the hard way. I tell him again "I do no consent to any search of my car."

    At the top of his lungs he screams, you are getting out of the car now or I am charging you with impeding an investigation. At this point I get out, never saying it was ok, and the cop goes all through my car for about 10 minutes. Finally he gets done, apparently forgetting why he pulled me over, and said I could leave.

    My question, did getting out of the car mean I consented to any kind of a search? Also, would it be in my interests to contact the ACLU about this or just go to a private attorney?

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Police Searched My Car Despite Not Consenting to a Search

    You should have locked the car door when you exited . You can go to a private attorney of file yourself .... simple case .. the cop will either lie or tell the truth. I don't see the ACLU doing anything for you.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,670

    Default Re: Police Searched My Car Despite Not Consenting to a Search

    I doubt he forgot why he pulled you over, the reason was purely a ruse to shake you down for guns.
    It was probably not worth his while, nor did he ever intend, to write you up for the traffic violation. It just made the stop legal.

    I'd certainly make a complaint to the department about this.

    What do you hope to get out of further legal action?

  4. #4
    Join Date
    Aug 2010
    Posts
    4

    Default Re: Police Searched My Car Despite Not Consenting to a Search

    I want this to be documented and if any of my 4th amendment rights were violated for their to be some consequences. Just because I live in a lower class neighborhood doesn't automatically make me a thug. I didn't have any kind of drugs/guns in the car.

  5. #5
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Police Searched My Car Despite Not Consenting to a Search

    Quote Quoting FSSBBAA
    did getting out of the car mean I consented to any kind of a search?
    No. Even saying "yes" at that point would not have been consenting. "Consent under duress is not consent at all."

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