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  1. #1
    Join Date
    Apr 2011
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    3

    Default Car Searched with No Consent

    Me and my friend were driving around and then pulled over in front of our apartment at which point we spotted some of our other friends. We talked for about a 1 minute( none of the friends ever entered the car), and then drove off.Right after driving off, I made an improper left turn( making the turn when i was a little bit too far across the street). Right after this turn detectives pulled us over. All they looked at was our I.D's. After they told us to get out of the car and searched us, and right after searched the car with NO consent. Nothing was found and they drove off right after with no ticket or anything. At this point the search did not bother me.
    About an hour later after we get my friends dog into my car the same detectives pull us over again(for absolutely no reason). They saw my friends dog and said "got a bodyguard now". Right after this they left without saying anything. I was really angry after that. Did not even get a chance to get there badge numbers. What I am wondering really for future purposes, is whether that search was completely illegal and If i could have stopped them from searching the car?

  2. #2
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Car Searched with No Consent

    Both searches (of you, and of your vehicle) seem to be illegal.

    It is legal for police who intend to arrest the driver to have everyone get out of the vehicle and to frisk everyone.

    It is illegal for police who do not intent to arrest everyone get out of the vehicle and frisk everyone, unless they have a reasonable and articulable suspicion, based on the nature of the stop and any evidence in plain view, that anyone in the vehicle is of danger to them.

    For the first incident, the police might have a hard time arguing that they intended to arrest you for the traffic violation, and therefore legally frisked you, but changed their mind after frisking you.

    So, supposing that the police did not intend to arrest you, the nature of the stop argues against having a danger to the police (in contrast, for example, to a high speed chase of a vehicle leaving the vicinity of an armed bank robbery). The police would have to argue they saw something of danger to them in plain view in the car, in order to justify a frisk.

    In any case, they did not have reason to go beyond a frisk and search you.

    Could you have stopped them from searching the car?

    No. For one thing, how would you have done that? Even touching an officer during a traffic stop is asking for big trouble.

    Your recourse to police illegally searching your car is what you can do after the incident is over, such as the following.

    a) Asking for damages for violation of your civil rights. Then, after that is turned down, sue the officers in federal court under 42 USC 1983 for deprivation of your civil rights.

    b) Asking the D.A. or grand jury to press criminal charges of false confinement or false imprisonment.

    c) Suing in civil court for damages, for the tort of false confinement or false imprisonment.

  3. #3

    Default Re: Car Searched with No Consent

    I am not a lawyer nor a police officer
    What state are you in?
    One thing you stated you made a improper turn so yes they could stop you and for there protection they searched you.
    Some states they do not have probable cause.
    Are any of your friends affiliated with any gangs or are known to have a history of drugs in any way?
    Also a lot of times Law enforcement look at just stopping for a minute as a possibile drug deal going down. To them this is very suppious behavior.
    Different veiws.
    Be grateful. No ticket, no one got hurt, no one was arrested.

  4. #4
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Car Searched with No Consent

    Quote Quoting Denis1
    View Post
    Me and my friend were driving around and then pulled over in front of our apartment at which point we spotted some of our other friends. We talked for about a 1 minute( none of the friends ever entered the car), and then drove off.Right after driving off, I made an improper left turn( making the turn when i was a little bit too far across the street). Right after this turn detectives pulled us over. All they looked at was our I.D's. After they told us to get out of the car and searched us, and right after searched the car with NO consent. Nothing was found and they drove off right after with no ticket or anything. At this point the search did not bother me.
    About an hour later after we get my friends dog into my car the same detectives pull us over again(for absolutely no reason). They saw my friends dog and said "got a bodyguard now". Right after this they left without saying anything. I was really angry after that. Did not even get a chance to get there badge numbers. What I am wondering really for future purposes, is whether that search was completely illegal and If i could have stopped them from searching the car?
    The first stop was lawful.. The search? Depends on whether they ask you for consent to search the vehicle and what you said in response.

    The second stop? It depends on why they stopped you and whether you (possibly) committed another violation...

    Either way, since you were not arrested cited or charged with anything, it is all moot at this point in time.

    Quote Quoting klg57
    View Post
    Some states they do not have probable cause.
    Really? Which states would those be?

  5. #5
    Join Date
    Apr 2011
    Posts
    3

    Default Re: Car Searched with No Consent

    Well I am in NY. And no they did not ask to search the car nor me. They literally said get out and searched us thoroughly. After they made us lean against the trunk of my car and searched the car. Not one word was said about why they were searching the car or us. And they did not ask to search the car they just went straight in. I felt pretty disrespected. And the second time felt like they were just pulling a joke on us . I was driving about 15mph in a straight line I don't see any other reason why they would have stopped us except to laugh some more. I feel like they saw 2 young kids and decided they could take advantage of us. But thanks guys.

  6. #6
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Car Searched with No Consent

    Quote Quoting That Guy
    since you were not arrested cited or charged with anything, it is all moot at this point in time.
    It is not moot. The officers opened themselves up to federal charges, criminal charges, and civil charges, at his option.

  7. #7
    Join Date
    Aug 2007
    Posts
    3,835

    Default Re: Car Searched with No Consent

    A search conducted without a warrant is "presumptively" UNreasonable under the 4th AM.

    The govt. then needs to articulate thier reason for the search. Even a frisk/pat down for weapons is a search.

    Usually the story is they found something after the compartment search, here they found nothing. This "facially" indicates to me the search was UNconstitutional and you were harassed.

    Make a complaint and make it clear no further constitutional violations will be tolerated.

  8. #8
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Car Searched with No Consent

    Quote Quoting BOR
    The govt. then needs to articulate thier reason for the search.
    The police do not have to articulate their reason to the person why they are conducting the search.

    The police are responsible to the courts to have probable cause to search.

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