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  1. #1
    Join Date
    Jul 2008
    Posts
    1

    Default Traffic Stop and K9 Drug Sniffing Dog

    My question involves police conduct in the State of:AZ
    My girlfriend and I where leaving a gas station where a friend works and I acknowleged him with a handshake while filling up[ THIS FRIEND HAPPENS TO HAVE A FEDERAL WRONGFUL ARREST CASE THAT APPEARS HELL BE WINNING AGAINST A LOCAL COP] Oddly enough this cop just happens to be moonlighting across thr street from this buisness out of plain sight as we pulled out[ACCORDING TO MY FRIEND THIS OFFICER BLISTERS TWO STOP SIGNS TO GET TO THE MAIN HIGHWAY TO GET RIGHT BEHIND US]Traveling approx 1000yards to the traffic light my girlfriend notices him behind us as we are in a group of cars at a red light as we rolled out from the light we traveled aprox. 500 yards following a couple cars in front of us.{HE HITS HIS LIGHTS AND PULLS US OVER} I am the legal and registered owner of the car even though she was driving. All the legal paperwork on the car is together and valid as he approaches her window.She asks promptly WHY WAS I PULLED OVER? as she trys to hand him the reg/insurrance cards! He asks her to stepout and come with him to the rear of the car. I proceeded to eat my lunch while listening to there conversation[HE EXPLAINS SHE WAS GOING 31 in a 25..ACCORDING TO HIS RADAR/PACING OF OUR CAR AND SHE WASNT WEARING A SEATBELT UPON APPROACHING THE DRIVERS DOOR]..[HE THEN TOOK ALL THE PAPERWORK AND ATTACHED IT TO HIS CLIP BOARD..[THEN EXPLAINED HE WAS NOT GOING TO WRITE HER UP FOR THE SPEEDING BUT WAS GOING TO ISSUE HER A CITATION FOR NO SEAT BELT...SHE THANKED HIM]...[IMMEDIATLY AFTER THE THANKS HE WANTED TO KNOW IF THERE WAS ANYTHING IN THE CAR ILLEGAL..SHE SAID THEIR WAS NOT AND SHE WILL NOT CONSENT TO A VEHICLE SEARECH IF ASKED]..[HE THEN ASKED WHO I WAS ..SHE SAID I WAS HER BOYFRIEND..AS HE FURTHERED WITH THE TOPIC SHE SAID LOOK HE HAS VALID ID IF YOU WANT TO KNOW ANYTHING MORE JUST ASK HIM...ABOUT HIM!![HE IMMEDIATLEY PUT HIS TICKET BOOK AWAY AND[WITHOUT EVER EVEN STARTING TO WRITE A CITATION OR CALL IN THE INFORMATION OBTAINED FROM HER.[ THEN HE CAME UP TO THE PASSANGER SIDE AND ASKED ME FOR MY I.D AS I COMPLIED HE ASKED ME TO STEP OUT OF THE CAR AS HE PONDERED ON MY LISCENCE..NOT EVEN SEEING THE CONNECTION BETWEEN OWNER/PASSANGER NEXUS BECAUSE HE HAD NOT EVEN RAN THE CAR YET...[HE ORDERED ME TO A LOCATION ALONG THE SIDEWALK APPRX 20 YARDS FROM WHERE MY GIRLFRIEND STOOD!{WITHOUT EVEN RUNNING MY DL HE ORDERS ME TO PUT MY HANDS UP TO DO A FULL PAT DOWN]I asked what this was all about {HE SAID HE WAS GOING TO RUN HIS DOG AROUND THE EXTERIOR OF THE CAR AND SINCE HE WAS GOING TO HAVE HIS BACK TO ME HE WAS DOING A TERRY PAT] I might ad that my girl friend didnt get patted down even though he would have his back to her as well!!!So here we have a cop who hasnt even ran the car,us or even begun to write a traffic ticket yet telling me that hell deal with the person who has contraband and let the other go...But after his dog comes out of his car its to late and well both be arrested.But first he needs to roll the windows up on the car[MY GIRLFRIEND VOLUNTEERS TO ROLL THEM UP BUT THE OFFICER ORDERS HER TO STAND STILL AND PROCEEDS TO THE DRIVERS DOOR,OPENS UP THE CAR,LOOKS AROUND FOR THE SWITCHES,ASKS HER WHERE THEY ARE,IS TOLD HE WILL HAVE TO TURN THE IGNITION ON TO DO THE TASK,REACHES THROUGH THE CAR TO THE CENTER CONSOLE"1985 IROC",ROLLS UP THE WINDOWS AND SHUTS THE DOOR!![Of course on his police report he claims that the same girl that expressionley gave "NO CONSENT" now has given him exclusive rights to enter the car to roll up the windows to prevent his dog from jumping in the car. Needless to say he now gets his dog out of the back seat and approaches the passenger door the officer points to the seam in the door"QOUTE":as he reached the seam he slowed then went past the door handle then jerked his head back to the seam sniffed the seam and looked at me and barked once!!!"THIS TO ME WAS AN ALERT TELLING ME THERE WHERE DRUGS IN THE CAR"{BELIVE ME THIS DOG WAS LOOKING AT HIM AND BARKING BEFORE HE EVEN GOT TO THE CAR] I thought to myself this is BS...Then he let the dog in the car and under the seat"DRIVERS SIDE" he pulled out a old camel pack and inside he claims was an air tight sealed package of METH.......So we "both" get arrested and charged with trans/sales of speed.]PACKAGE 1gram....Car impounded for forfeiture....I might add she was released 10 days later where she discovered her traffic ticket "WITH SPEEDING"included on the charges "signed IN CUSTODY" for her acknowledgement....On the way to county jail this cop starts talking to me"HE SAYS......."YOU KNOW THIS HAD NOTHING TO DO WITH SPEEDING....I SAW YOU AT THE GAS STATION TALKING TO YOUR BUDDY..THAT WAS THE REASON I GOT BEHIND YOU........I JUST NEEDED ANY REASON TO PULL YOU OVER AFTER THAT>>>>>>HE ASKED ME ABOUT MY FRIEND WHO IS SUEING HIM I TOLD HIM TO JUST TAKE ME TO JAIL AND DO WHAT YOU GOT TO DO!!!!!END OF STORY!!!! MY issues are {1} PRETEXT STOP {2} PRONLONGED TRAFFIC STOP IN WHICH THE TICKET WAS EVER ISSUED TO DRIVER{3} SUSPICIONLESS PAT DOWN AND SEIZURE OF MYSELF "Because for some reason he explains at the pre-lim.hearing that he just basically was lowered behind us by a hot-air balloon or something "He wont conscede being across the street staking out the guy with the lawsuit against him" {4}NON-CONSENT ENTRY INTO THE VEHICLE WITHOUT PROBABLE CAUSE ESTABLISHED NOR TO THIS DAY NOTED BY HIMSELF OTHER THAN I QUOTE":I ADVISED HER I WAS GOING TO ROLL UP HER WINDOWS AS TO KEEP HIS DOG FROM GOING THROUGH THEM DURING HIS EXTERIOR SNIFF AROUND THE VEHICLE......I was pretty detailed in this account of what happened..DO YOU THINK I HAVE VALID GROUNDS FOR A SUPRESSION OF EVIDENCE IN THIS CASE????

  2. #2
    Join Date
    Jan 2006
    Posts
    38,646

    Default Re: Need Help With A Cop/k9 Traffic Stop

    Holy cow man. Do you really expect somebody to be able to read that?

    Clean it up. White space is your friend.

    Brevity is a good thing.

  3. #3
    Join Date
    Jul 2006
    Posts
    5,437

    Default Re: Need Help With A Cop/k9 Traffic Stop

    Cut it in half.

    Leave out the editorial comments and extraneous BS.

    Axe three questions.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Traffic Stop and K9 Drug Sniffing Dog

    If I understand, you're upset because the police officer got behind you because you were talking to somebody involved in criminal activity (who happens to have a pending lawsuit against the police), caught your girlfriend speeding, effected a traffic stop and Terry-level search, and after his dog "hit" on drugs in your car found your stash of meth. Does that about sum it up?

    Was it the K9 officer who pulled you over? How long were you detained before the dog sniffed the car?

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