insanity
New member
So I got pulled over tonight for having expired tags, I knew they were expired but tried to chance it until I could get to BMV tomorrow to get them renewed as I have been out of town for work and when I do get home its usually late in the evening. I live in Brunswick Hills, just west of Brunswick, OH municipality. I try to avoid going through Brunswick at all cost to get to the highway as there are too many lights along the main drag and people just poke along, but tonight made the mistake of going that way. When I got to my destination I tried to recall the events and make my own record of them, as I feel I was wrongly accused and detained. There seem to be a lot of educated people on this board so I wanted to get a few opinions. I know its long but please give it a look and leave me some feedback, Thanks!
On or about 10:15 pm on 01/09/09 I stopped at the Marathon gas station on St. Rte. 303 in Brunswick, OH to get gas before I continued on to Toledo, OH.
I began fueling and walked into the store to get a soda for the ride over to Toledo. As I exited the store I noticed a Brunswick Police Department Expedition sitting in the southeast corner of the gas station parking lot. I entered my vehicle and began to proceed on my way but suspected the officer was waiting for me to leave so he could pull me over. I was aware the tags on my truck were expired, unfortunately I have been out of town for work and the holidays since they expired and had not been able to renew them. I had planned on doing it first thing Saturday (01/10/09) morning, and was hesitant to drive the truck but due to the inclement weather opted to take the truck over my car. I proceeded to exit the Marathon gas station, which the officer immediately began to follow me. I turned to head eastbound on St. Rte. 303 toward the I-71 North on-ramp when the officer put his lights on to pull me over, to which I pulled over to the right side of the on-ramp. The officer came up to my window, I politely asked him what the problem was to which the officer answered he pulled me over because my plates were expired and had been since December 15th 2008, clearly the officer had ran my plates while I was in the store at the gas station and I wasn't surprised. I explained to the officer I was aware my tags were expired and I planned to take care of it first thing in the morning as I had been out of town for work and unfortunately did not make it back in time this afternoon to renew them due to inclement weather the entire way home. The officer then asked for my license and proof of insurance, I handed the officer my license and stated that my current insurance card was in my backpack in the backseat and asked the officer if he would like me to retrieve it. He began to shine his flashlight through my rear driver side window which I then cooperatively rolled down said window so he could get a better look as the rear windows in my vehicle are factory tinted. The officer then replied that it wouldn't be necessary and he would be back in a few minutes.
I began to get somewhat concerned as it seemed officer #49 was taking an unusually long amount of time in writing what I thought would be a simple citation for expired tags. Approximately 10 minutes later Officer #49 approached my vehicle again, this time he was accompanied by a K-9 officer. The officers asked me to roll up my window, shut of my vehicle and exit the vehicle. As I exited the vehicle I asked the officers if there was a problem. The officers' response was 'Please sir exit the vehicle and move to the back of the vehicle'. The next thing the officers asked if I had any weapons or narcotics on my person or in the vehicle. I replied 'No officer I do not'. The officers again asked if I had any weapons or narcotics on my person or in my vehicle to which I replied 'No officer I do not' and again I asked the officers if there was a problem to which the response from officer #49 was 'Please sir come to the back of the vehicle so I can pat you down for weapons'. I proceeded to the back of my vehicle, Officer #49 began to restrain me as K-9 Officer continued to question me as to if I had any drugs or paraphernalia in my vehicle. Officer K-9 stated that if I did have any drugs or paraphernalia in my vehicle that it was better to just admit to it before he brought out his dog to search my vehicle and possibly scratch the outside paint as the dog would jump on the vehicle and possibly be turned loose inside my vehicle. As officer K-9 was questioning me officer #49 continued to frisk my person with my arms restrained behind my back, while officer #49 was frisking me I was somewhat distracted as officer K-9 began stating that since my vehicle was on a public street, it was public domain and thus not exempt from search, or something along those lines. It seemed the two officers were intentionally distracting me as officer K-9 was asking me questions, while officer #49 was telling me to put my hands behind my back and restraining me. I was attempting to oblige both officers when officer #49 stated for me to loosen up, I was in no way attempting to resist and had my hands behind my back which officer #49 had complete control over. I was then questioned again by officer K-9 as to if I wanted to admit to having drugs in my vehicle or have the dog conduct a search. I believe my response to the officer was 'Feel free to have the dog give a look' or something along those lines.
At this point officer K-9 brought his dog from his vehicle and proceeded to walk the dog around my vehicle. The officer and his dog made one complete lap around the vehicle, the continued on a second lap at which point the officer and his dog stopped along my passenger side door, which was in the dark due to the way the vehicles were parked. Officer K-9 was paused there for several seconds (again this was the second lap) and then I saw the dog jump against the side of my truck, several seconds after that officer K-9 then returned the dog to his vehicle. When officer K-9 returned he stated that since the dog had stopped along that door that the officers would proceed to search the inside of my vehicle themselves. The officers spent approximately 15 minutes searching the inside of my vehicle, officer #49 on the passenger side, officer K-9 on the driver side. The officers had all 4 doors open and from what I could see from the front of officer #49's vehicle where I was instructed to stand, proceeded to search through every door pocket, glove box, sun visor, my laptop bag and my clothes bag. Officer K-9 finished his search first and returned to the front of officer #49's Expedition where I was standing. Officer K-9 stated that he should turn the dog loose inside my vehicle since he stopped at the passenger side door but he would not since the ground was snowy/slushy. At this point officer #49 was still in the passenger side of my vehicle searching though its contents. Officer K-9 asked me about the magazine pieces I had in my vehicle, at first I thought the officer was referring to a paper magazine of some sort, I had forgotten that I had two empty ar-15 magazines in my clothes bag (which the officers found during their search and relocated to my center console). Officer K-9 then clarified that he was referring to two empty ar-15 magazines they discovered during their search. I stated that I did own an ar-15, but was obviously not in my vehicle since the officers had just thoroughly searched it. Officer K-9 then asked me where I was going to which I responded 'to Toledo, for a family event, I had just gotten back into town a little bit ago from working out of state'. Officer K-9 then asked if I had been driving the GMC Sierra to which I replied no I had been driving my car. At this point officer #49 finished his search and proceeded back to the front of his vehicle, where he stomped the ground to remove the snow/slush from his boots and thus splashed snow/slush all over my shoes and pants.
At this point, after the officers conducted their search and did NOT find any narcotics/paraphernalia, I was instructed to re-enter my vehicle and await my citation for the expired tags. Several minutes later officer #49 returned with my citation and explained the charges and stated I would have to show proof of insurance if I was to pay the waiver. I again stated to officer #49 that I had my insurance card in my backpack, (the backpack that he had just searched and moved from the backseat of my truck to the front seat, thus all of the compartments were open on it) and would be happy to show it to him. Officer #49 declined to allow me to show him my proof of insurance and stated I was to bring it to the courthouse. I was then allowed to continue on my way and this was the conclusion the my encounter with officer #49 and officer K-9.
My main concern in all of this is that when I politely asked the officers if there was a problem several times and why they felt they needed to search my vehicle, the question was never answered. The initial cause for suspicion was never given to me. The only responses I got were along the lines that they had full right to search my vehicle if they wanted and that if I had something to hide that I should just admit it before the dog was turned loose on it. From what I could see at the front of officer #49's vehicle they did their darned to look through my truck hoping to find some sort of contraband and appeared to be somewhat perturbed when they returned and came up empty. Unfortunately it seems that officer K-9's initial misleading statement about my vehicle being on public domain caused me to give up what I believe to be my 4th amendment rights against illegal search and seizure.
On or about 10:15 pm on 01/09/09 I stopped at the Marathon gas station on St. Rte. 303 in Brunswick, OH to get gas before I continued on to Toledo, OH.
I began fueling and walked into the store to get a soda for the ride over to Toledo. As I exited the store I noticed a Brunswick Police Department Expedition sitting in the southeast corner of the gas station parking lot. I entered my vehicle and began to proceed on my way but suspected the officer was waiting for me to leave so he could pull me over. I was aware the tags on my truck were expired, unfortunately I have been out of town for work and the holidays since they expired and had not been able to renew them. I had planned on doing it first thing Saturday (01/10/09) morning, and was hesitant to drive the truck but due to the inclement weather opted to take the truck over my car. I proceeded to exit the Marathon gas station, which the officer immediately began to follow me. I turned to head eastbound on St. Rte. 303 toward the I-71 North on-ramp when the officer put his lights on to pull me over, to which I pulled over to the right side of the on-ramp. The officer came up to my window, I politely asked him what the problem was to which the officer answered he pulled me over because my plates were expired and had been since December 15th 2008, clearly the officer had ran my plates while I was in the store at the gas station and I wasn't surprised. I explained to the officer I was aware my tags were expired and I planned to take care of it first thing in the morning as I had been out of town for work and unfortunately did not make it back in time this afternoon to renew them due to inclement weather the entire way home. The officer then asked for my license and proof of insurance, I handed the officer my license and stated that my current insurance card was in my backpack in the backseat and asked the officer if he would like me to retrieve it. He began to shine his flashlight through my rear driver side window which I then cooperatively rolled down said window so he could get a better look as the rear windows in my vehicle are factory tinted. The officer then replied that it wouldn't be necessary and he would be back in a few minutes.
I began to get somewhat concerned as it seemed officer #49 was taking an unusually long amount of time in writing what I thought would be a simple citation for expired tags. Approximately 10 minutes later Officer #49 approached my vehicle again, this time he was accompanied by a K-9 officer. The officers asked me to roll up my window, shut of my vehicle and exit the vehicle. As I exited the vehicle I asked the officers if there was a problem. The officers' response was 'Please sir exit the vehicle and move to the back of the vehicle'. The next thing the officers asked if I had any weapons or narcotics on my person or in the vehicle. I replied 'No officer I do not'. The officers again asked if I had any weapons or narcotics on my person or in my vehicle to which I replied 'No officer I do not' and again I asked the officers if there was a problem to which the response from officer #49 was 'Please sir come to the back of the vehicle so I can pat you down for weapons'. I proceeded to the back of my vehicle, Officer #49 began to restrain me as K-9 Officer continued to question me as to if I had any drugs or paraphernalia in my vehicle. Officer K-9 stated that if I did have any drugs or paraphernalia in my vehicle that it was better to just admit to it before he brought out his dog to search my vehicle and possibly scratch the outside paint as the dog would jump on the vehicle and possibly be turned loose inside my vehicle. As officer K-9 was questioning me officer #49 continued to frisk my person with my arms restrained behind my back, while officer #49 was frisking me I was somewhat distracted as officer K-9 began stating that since my vehicle was on a public street, it was public domain and thus not exempt from search, or something along those lines. It seemed the two officers were intentionally distracting me as officer K-9 was asking me questions, while officer #49 was telling me to put my hands behind my back and restraining me. I was attempting to oblige both officers when officer #49 stated for me to loosen up, I was in no way attempting to resist and had my hands behind my back which officer #49 had complete control over. I was then questioned again by officer K-9 as to if I wanted to admit to having drugs in my vehicle or have the dog conduct a search. I believe my response to the officer was 'Feel free to have the dog give a look' or something along those lines.
At this point officer K-9 brought his dog from his vehicle and proceeded to walk the dog around my vehicle. The officer and his dog made one complete lap around the vehicle, the continued on a second lap at which point the officer and his dog stopped along my passenger side door, which was in the dark due to the way the vehicles were parked. Officer K-9 was paused there for several seconds (again this was the second lap) and then I saw the dog jump against the side of my truck, several seconds after that officer K-9 then returned the dog to his vehicle. When officer K-9 returned he stated that since the dog had stopped along that door that the officers would proceed to search the inside of my vehicle themselves. The officers spent approximately 15 minutes searching the inside of my vehicle, officer #49 on the passenger side, officer K-9 on the driver side. The officers had all 4 doors open and from what I could see from the front of officer #49's vehicle where I was instructed to stand, proceeded to search through every door pocket, glove box, sun visor, my laptop bag and my clothes bag. Officer K-9 finished his search first and returned to the front of officer #49's Expedition where I was standing. Officer K-9 stated that he should turn the dog loose inside my vehicle since he stopped at the passenger side door but he would not since the ground was snowy/slushy. At this point officer #49 was still in the passenger side of my vehicle searching though its contents. Officer K-9 asked me about the magazine pieces I had in my vehicle, at first I thought the officer was referring to a paper magazine of some sort, I had forgotten that I had two empty ar-15 magazines in my clothes bag (which the officers found during their search and relocated to my center console). Officer K-9 then clarified that he was referring to two empty ar-15 magazines they discovered during their search. I stated that I did own an ar-15, but was obviously not in my vehicle since the officers had just thoroughly searched it. Officer K-9 then asked me where I was going to which I responded 'to Toledo, for a family event, I had just gotten back into town a little bit ago from working out of state'. Officer K-9 then asked if I had been driving the GMC Sierra to which I replied no I had been driving my car. At this point officer #49 finished his search and proceeded back to the front of his vehicle, where he stomped the ground to remove the snow/slush from his boots and thus splashed snow/slush all over my shoes and pants.
At this point, after the officers conducted their search and did NOT find any narcotics/paraphernalia, I was instructed to re-enter my vehicle and await my citation for the expired tags. Several minutes later officer #49 returned with my citation and explained the charges and stated I would have to show proof of insurance if I was to pay the waiver. I again stated to officer #49 that I had my insurance card in my backpack, (the backpack that he had just searched and moved from the backseat of my truck to the front seat, thus all of the compartments were open on it) and would be happy to show it to him. Officer #49 declined to allow me to show him my proof of insurance and stated I was to bring it to the courthouse. I was then allowed to continue on my way and this was the conclusion the my encounter with officer #49 and officer K-9.
My main concern in all of this is that when I politely asked the officers if there was a problem several times and why they felt they needed to search my vehicle, the question was never answered. The initial cause for suspicion was never given to me. The only responses I got were along the lines that they had full right to search my vehicle if they wanted and that if I had something to hide that I should just admit it before the dog was turned loose on it. From what I could see at the front of officer #49's vehicle they did their darned to look through my truck hoping to find some sort of contraband and appeared to be somewhat perturbed when they returned and came up empty. Unfortunately it seems that officer K-9's initial misleading statement about my vehicle being on public domain caused me to give up what I believe to be my 4th amendment rights against illegal search and seizure.
...register it online, it only takes a couple minutes and they will mail it to ya, every state does it now, including the peoples republic of ohio, once you register online and click ok, it prints you out a temp reg until the stickers arrive.
