Pulled over by the police and searched for drugs - long but looking for opinions

[phragle]

police jargon.. you got hit with a "PC" stop, probable cause. expired tags, license plate light out, air freshener hanging from the rear view mirrior etc. it happens all the time. hell, I got hauled out of my old work truck at gunpoint. went thru the fallbrook checkpoint in a box truck, went about a mile further and noticed somebody was sitting on my back bumper, all I could see was a shadow in the mirror, used turn signal and changed lanes, still being tailgated. got off 15 @ winchester.. stoped, 1st car at a red light wit turn signal on. Next thing I now there are 4 border patrol agents, 1 at each door and 2 in front of the truck, guns drawn. they are screaming at me to not move, put my hands of the roof, put my hands on the steering wheel. I was like "figure what the f you want me to do, and I will do it. they pulled the door open, threw me on the ground cuffed me and were screaming "why were you running from us, we were trying to pull you over for 5 miles". Running from you?? I was doing 55 in a friggin Hino, I used my turn signal, I stoped first vehicle at a red light... running from you?? If you hadnt been 6 inches off my tailgate I might have been able to see your lights. tey spent 2 hours ripping the truck apart, ripping open every package, calling my boss, there superviser showed up... they had me in the back of a bp car cuffed, while at least 5 different bp agents climbed in at different times all asking me why I ran, then the chp showed up, he got in the car and asked why I ran... I told him the story.. he said "these guys do get a bit carried away" they finally just let me go, after they had pretty much turned about 15 customers orders into a jigsaw puzzle. nothing like overzealous wanna be badass cops pointing multiple guns at you and screaming incoherently.

 

[99fever27]

I just respect the law. Never once have I had a problem. Maybe my time is coming though? I think it is great to have them out there, right wrong or indifferent they save lives. I would be pissed however trying to reassemble my car on the side of the highway.

 

[Chris]

My knowledge of law is NY but its probably the same they could have impounded your vehicle the done an inventory search and vouchered everything separately for safe keeping.Of course any thing found illegal you would be charged with.Were they overkill maybe but you never know, I have been on the other side and its a difficult call sometimes.Were you searched because of your race probably is it right no but it happens.
Here is were it gets "grey" if they were holding your hands behind your back you were technically arrested can you be arrested for a DMV infraction in Ohio?? Other than DWI the only one you could be arrested for in NY was driving with or revoked license.I would probably let it go though cops stick together and if you push it you will be getting pulled over to have your tire tread depth measured.There have been a few cops that I wanted to tell them that they would not last one night in Brooklyn North but I held my tongue you are not going to win sorry.

Both of those actions have been affirmed in Supreme court decisions. According to the Court, ANY probable cause is grounds for a vehicle search. Any individual may be arrested and detained pending a bail hearing before a judge for ANY criminal traffic violation (Speeding, registration, etc. Parking and such is civil) In that instance they are permitted to do a full inventory search of the vehicle and contents.

 

[Expensive Date]

Both of those actions have been affirmed in Supreme court decisions. According to the Court, ANY probable cause is grounds for a vehicle search. Any individual may be arrested and detained pending a bail hearing before a judge for ANY criminal traffic violation (Speeding, registration, etc. Parking and such is civil) In that instance they are permitted to do a full inventory search of the vehicle and contents.

Must have changed we did not have that when I was on.Could not search for speeding only if you had probable cause for another crime or vehicle was being impounded

 

[Chris]

Yes- you cannot search on a speed stop- that's why they bring the dope dog if they have suspicion. How do you cross-examine a dog on whether or not they got a hit?

On the other hand, if you were doing 36 in a 35, they could arrest you and impound your vehicle at which time they'd have been permitted to do an inventory search.

 

[showtime83]

ive noticed most road officers get all the "big busts" off luck, and thats what they were looking for, anything to pull you over and find something, sometimes they do, sometimes they dont, now for plates im guilty on that, about 4 years ago, i had two trucks the same year , both lifted, one was a ext cab, one was a standard, only one was legal, i was driving the one with that was not registered going to work at 330am, got pulled over for sliding around in the snow, i was having fun doing it on purpose, officer took the registration and proof of ins, never noticed the plates werent for the right truck because all the paper work lined up, but the vins didnt match, i got lucky but ill never do that again!!

 

[dwtinc]

The cops would get more respect if they respect you. I would think most is more then happy to cooperate with them but when they start with an attitude they deserve one back.

 

[DollaBill]

Well you're obviously guilty of something. I mean you're black:sifone:











(you know I'm jk bro. It was funny)

 

[dwtinc]

I agree. File a complaint.

 

[RollWithIt]

I agree with what Chris and Expensive Date have both said. They are very correct in the legal requirements pertaining to stops and searches. Its kinda hard to give a perfect answer to what you are asking. No offense to you, but you are only giving one side of the incident and it is inherintly biased. Not saying its wrong. You did admit to having expired tags and I commend you on your honesty. As for the stop, it was legal. As for the search, it was or wasnt depending on what legal and practical premise they used. In Pa., if I stop a expired vehicle on a public street I am going to tow it and automatically get a free pass to search it and the driver. You cant refuse since my department has an inventory search policy and its allowed by court. With you truck being expired, it was legally not allowed on the road and could be towed. Now, you could have also fit a drug trafficker profile or something to that sort. There are flags we look for and could have been triggered. I cant answer that cause I was not there. And no, I dont have to tell you that I think you fit that profile to ask for permission, I simply look for reasonable suspicion or get consent. In Pa. its different, in lieu of a towable offense, I need to finish my stop, give you all your papers back and tell you that you are free to leave, and then ask for permission to search. I may or may not get it. Ohio may be a lil more liberal. You being searched with your hands held is not detention, its safe practice. Its a search for weapons and not allowed to be any more intrusive than plain touch. The use of a dog is permissible on a stop to do a walk around like they did. you cant refuse that cause the area around your car is not under your control. If the dog hits, then they have cause to search the interior. You kinda have to go off faith that the handler is honest and competent in reading the dog and it actually hits. And when it comes to a search, everything is fair game unless its locked and I dont have consent or a search warrant. I will go through everything including lifting seat cushions if I can. But to start dismantling a vehicle, I need a search warrant.

In summary, your stop and the subsequent search was legal. The tactics may have confused you but they are designed to do that, if you are lying, you trip up over yourself. Do I think they worked with some gray areas, sure. Most police interactions for interdiction is found in the gray areas and follows hunches derived from experience and training. Were they fishing? Possibly to a degree.

My best advice; Always be polite, if you have nothing to hide, freely offer to allow a search. If you are honest and polite and feel that you are ever mistreated, then you have the right to file a complaint with the respective PD the officer works for.

To be honest with you, if it was my stop, I would have cited you for the expired tags and probably towed your truck.

 

[45calibur]

.


stories like this make me sick

what is this country coming to ?

Gestapo



.

 

[insanity]

To be honest with you, if it was my stop, I would have cited you for the expired tags and probably towed your truck.

Nice to hear the perspective of another LE officer. But whatever happened to giving somebody a break once in awhile?? At any rate my i's will be dotted and my t's crossed from now on.

I realize that it was 'my' side of the story. To which I guarantee will be alot different than what the officer put in his report, if one was made. I'll submit the request for information to the PD and still contemplating filing a complaint. The only good that came out of it is my truck got a long overdue wash, wax and overall cleaning. Had to get the scratches that mutt put in my paint out.

 

[insanity]

Well you're obviously guilty of something. I mean you're black:sifone:


(you know I'm jk bro. It was funny)

NOT black, not insanity342 from OSO. If I was the first call I would have made would have been to Al Sharpton or Jesse Jackson, gotta play that race card if you got it!

 

[boatme]

Insanity

I guess I’ve got to sum it up and make it simple

You violated their law and drove an unregistered car. Kind of like waving a flag saying pull me over.
Sounds like the end result by the police was a bit extreme but again you gave them the reason to pull you over in the first place

I agree it would have been nice to get a warning and move on, or at least a ticket without the hassle, but in these times that is not what happens, and expecting less is just fool hardy

In the end you should have said "I was an idiot" and chalked it up to not doing that again instead of looking for a reason to blame some of it on someone else

Once again it is part of the "always someone else’s fault not mine" attitude

Yea the cops were a bit overboard but at the end of the day YOU provided the reason for them to pull you over and you knew it could happen Also you had another vehicle to drive so you chose to drive the one that was not registered

Sorry for your hassle but pay the ticket and move on

 

[DollaBill]

NOT black, not insanity342 from OSO. If I was the first call I would have made would have been to Al Sharpton or Jesse Jackson, gotta play that race card if you got it!

sorry confused you guys with the screen names.

 

[Seafordguy]

I'd definitely just pay the ticket and move on. Put it behind you and forget about it.

But I would be PISSED about the dog jumping on the side of my car!!!!!!!!!!!!

 

[Chris]

But whatever happened to giving somebody a break once in awhile??

The part where you weren't arrested and your car wasn't towed and you didn't have to sit in jail overnight before a judge set your bail WAS the break. And a big one too.

 

[Wrinkleface]

I'd definitely just pay the ticket and move on. Put it behind you and forget about it.

But I would be PISSED about the dog jumping on the side of my car!!!!!!!!!!!!

If the dog did do damage, I would look into repair costs at the pd's expense!!! Don't C this as acceptable! Don't blame the dog, he is just a dog!!!!

 

[drew0982]

cops are a**holes!

 

[boatme]

cops are a**holes!

Drew how old are you ?