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  1. #1
    Join Date
    Jan 2012
    Posts
    9

    Default Fourth Amendment Violated on Non-Traffic Stop

    My question involves civil rights in the State of: Pennsylvania. Long story short, my CDL was suspended for 6 months, which I reinstated on the 23rd. On the 19th, my daughter had driven me to a friends house to visit. Another friend who was also visiting, asked for a ride home, which we agreed to. The friend joined me as I went out to warm up the car for my daughter. Sitting in the car talking on a public street in front of the house, we see a police car drive by us in the opposite direction we were facing. The police car then did a U-turn and came past us a second time. About a minute later, the police car came back towards us, but this time threw on the lights and blocked the front of the car in - where if I would have wanted to pull out of a parallel park job, I couldn't because they basically blocked me in. They turned on the search light in our faces and came to the window. The car is in my name. They asked, "Are you (my name)?" I responded "yes". They said, "Your license is suspended, you're not going anywhere!". They asked for ID for both me and my friend and as I was giving it to them, I explained I wasn't planning on driving anywhere, I was simply warming up the car for my daughter, who was in the house and they could talk to her. Coming back with the IDs, they asked my friend to step out of the car and left his door open. While going to the back of the car, I moved to close the door from the inside, to which I was yelled at to leave it open. I overheard the conversation between my friend and the officer stating he had a warrant for an unpaid fine. They put handcuffs on him and placed him in their car. The officer then asked me to step to the rear of the car and I closed my door behind me. He then asked me if I had any weapons, to which I said "of course not" and he patted down the outside of my clothes and asked what the lump in my pocket was, to which I said it was a container of Blistex. He then started asking me questions about my friend; how long I've known him, did I know he had a history of drug use, did I have a criminal history. I said I knew the friend from work a long time ago and I never knew anything about a drug history; I only knew he would throw back a few beers now and then. I then asked why they stopped in front of the car (I couldn't ask why they stopped us because we weren't driving anywhere), but I never got an answer. He then asked if there were drugs in the car. By this time, I knew what was going on, so I simply said, "Look, I'm sorry but I don't consent to any searches" and was simply told, "It doesn't matter because we're going to do it anyway!" So I watched as they opened my car door and checked under the seats, in the glove box, the ashtray, etc. They didn't find anything of course, because there wasn't anything to find. I then asked if I was under arrest or free to go back into the house and was informed I would be receiving a citation for driving under suspension. I asked for badge numbers and names. I did get the citation and have to fight that in court, but I definitely feel my fourth amendment rights were infringed upon at the least. I don't understand the reason for the stop...they obviously ran the license plate on their second drive-by, but there were no outstanding warrants on me, no registration problems, and sitting in a running car isn't suspicious enough to come back with lights on and search lights in people's faces. It wasn't an odd time of night, either. And patting me down for weapons was part of the job, I guess, but going into the car when I specifically told them they had no permission to do so wasn't right. I feel harassed, even racially profiled. I plan on filing a complaint with the department - not sure where that will get me, but I'm really taking this personal, especially given I received a citation out of it for no reason! I never drove in the past 6 months - I wouldn't jeopardize my CDL by doing that - which is why my daughter was there with me (she's 22). Any insight would be appreciated!! Oh, the friend who was arrested went to Central Booking, paid his fine and was released. When they searched him - he had nothing on him to suggest we would have had weapons, drugs, etc. I had no prior criminal history - the suspension was for traffic fines - first time in my driving record.

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Fourth Amendment Violated on Non-Traffic Stop

    You were in control of a running vehicle on a public highway with a suspended license? Yeah, that's a crime.
    What part of this do you think the fourth amendment applies to? An officer approaching a parked car is a consensual contact.
    They don't even need a reason. The articulable suspicion (confirmed by you) that you were driving under suspension, is more than enough to detain you further.

  3. #3
    Join Date
    Jan 2012
    Posts
    9

    Default Re: Fourth Amendment Violated on Non-Traffic Stop

    I thought the fourth amendment pertained to not consenting to a search and them doing one anyway. Not that there was anything to find, but I didn't like how a "traffic" stop turned into me being patted down and having my car searched.

  4. #4
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Fourth Amendment Violated on Non-Traffic Stop

    You were being arrested for driving under suspension. The search of your body is therefore warranted by the interpretation of the constitution by the modern courts.

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