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  1. #1
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    Oct 2014
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    Default 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.

  2. #2
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    Default Re: Illegal Detainment

    You can complain to the employing agency, and you can run the matter by an attorney to see if there might be any sort of case. Though a civil suit may well cost you a good deal of money ... but, consultations are usually free.

  3. #3
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    Default Re: Illegal Detainment

    Thanks for the quick reply! I thought everyone here WAS an attorney? Lol. Was the ticket the legal end to the stop though?

  4. #4
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    Default Re: Illegal Detainment

    Quote Quoting uscitizen12
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    Thanks for the quick reply! I thought everyone here WAS an attorney? Lol. Was the ticket the legal end to the stop though?
    No, not everyone here is an attorney ... and those that are rarely acknowledge themselves as such for purposes they can explain.

    Yes, you can be detained for failing to have the required lighting equipment in working order. And, did you receive a written warning - as you first wrote, or, did you receive an actual ticket for the violation?

    In any event, the detention was over at that point and you should have been free to go. However! If the officer developed some new reasonable suspicion to detain you beyond the scope of the original stop, and/or then developed sufficient probable cause to support a search of the vehicle, then it would likely be lawful. We have no way of knowing whether the search was based upon probable cause or the officer being a dunderhead. The only ways to try and obtain that answer are through (a) a complaint to the agency alleging an unlawful search, or, consulting an attorney and finding out if there is any hope of suing and prevailing such that at least your attorney's fees are covered. I'm guessing the latter is unlikely so the complaint may be the only viable route to take. But, as I mentioned, attorney consultations tend to be free.

  5. #5
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    Default Re: Illegal Detainment

    Quote Quoting uscitizen12
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    Thanks for the quick reply! I thought everyone here WAS an attorney? Lol.
    Then you apparently didn't notice the Notice that appears prominently at the bottom of every page of this site:

    Notice: Information provided in the forum is not intended to substitute for professional advice, including but not limited to professional legal advice. If you submit a question or comment it is assumed that you are interested in soliciting, receiving or giving general information and not legal advice. Laws vary by state, and the laws described in this forum may be different in your state or may have been changed since the information was posted. The legal help offered in this forum comes from volunteers who may not have any formal legal training or knowledge, and all information should be confirmed with a qualified legal professional. All information is made available on an "as is" basis. You should accept legal advice only from a licensed legal professional with whom you have an attorney-client relationship. Use of this forum is subject to the ExpertLaw terms of use.

  6. #6
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    Quote Quoting uscitizen12
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    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.

  7. #7
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    Default 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?

  8. #8
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    Default 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.

    - - - Updated - - -

    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.

  9. #9
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    Default 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.

  10. #10
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    Default Re: Can the Police Detain You After Issuing a Warning Ticket

    Quote Quoting uscitizen12
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    It only took about 15 minutes for the dog to get there. But I noticed he actually scratched the outside of my car.

    - - - Updated - - -

    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.

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