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  • *****ing Cop A$$holes

    Well I just got pulled over at the interstate. The cop is like you were too close to other cars and it looks like your tint is too dark (it was dark when he pulled me over, he was standing on the median, wow he must have good eyes). He tested the tint, yes, too dark. I told him I just got it done and told the shop I want legal tint and that is what I got(which is totally true!). He made me get out of my car and and told me no biggie I will get a warning and will be ready to go. While writing me a warning he tells me that they're having problems with people on the interstate transporting illegal goods, and asks me if I have any weapons, drugs or large amounts of money. I say no to every question. Then he asks me if he an search my car. I say no, and ask him if I have given him any reason that makes me suspicious, if he has any ground. He says no it is just my job. Next thing he does is call a K-9 unit and has a dog walking around my car. I watched the dog closely the whole time, he never barked, never put his thaw on the car, nothing. Then he tells me that the dog smelled drugs and they are gonna search my car. I told him that that is absolutely IMPOSSIBLE since I don't take any drugs, don't allow anybody to smoke in my car, don't give people that have smoked a ride in my car, nothing. Besides I keep my car very clean (just vacuumed it yesterday, and he even wondered that it is a 99 and in that good shape). The other cop searches my whole car. I had a bag with clean and ironed clothes in my car, takes them all out touches them, looks in every pocket, rubs them together (no idea why). Of course, they don't find anything.

    Now my question is. I did not allow him to search my car, and he had a K-9 dog walk around my car. Can he do this? I mean isn't that just like searching my car, and didn't he tell me that he had no ground whatsoever, and didn't I tell him that I don't want my car searched?! And how do I know if the dog even smelled anything?
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  • #2
    its caled harassment. what i do is i film the event. had trouble with a cop before. Recorded him and filed acomplaint. let's jsut say i never heard back form anyone or anything...

    Soryr, soem cosp are dicks. Next time, you demand his badge number and ask him to escort you to his precint and file a compaint. Demand that his camera be used as evidence (its suposed to automatically turn on when the cop turns on his light). Make a big deal about it. You have rights. Excercise them.
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    • #3
      Niiice, I got a warning, so I do have his badge number. Looks like I am filing a complaint tomorrow.
      Michael, can you back this up?
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      • #4
        i had somethin similar except i foolishly said yes cause i had nothing to hide needless to say the cop pulled everything out of evey glove box and compartment with wreckless abandon and i had to clean it all up D!cks
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        • #5
          they just love your car! they wanted to see the carputer!!!
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          • #6
            Originally posted by Genesisfactor View Post
            its caled harassment. what i do is i film the event. had trouble with a cop before. Recorded him and filed acomplaint. let's jsut say i never heard back form anyone or anything...

            Soryr, soem cosp are dicks. Next time, you demand his badge number and ask him to escort you to his precint and file a compaint. Demand that his camera be used as evidence (its suposed to automatically turn on when the cop turns on his light). Make a big deal about it. You have rights. Excercise them.
            Let me hit this one up first,

            Sure, you can file a complaint if you want, about anything. They rarely take them seriously, unless the violation is significant. HARASSMENT has a legal definition, that does not include anything that the OP complained about.

            http://www.uslawbooks.com/books/harass.htm No matter how you define it, Harassment involves more then one contact, generally, it has to be several.

            No need to demand a badge number, you can ask it, or read it off the ticket.

            There is NO WAY IN HELL an officer is gonna "to escort you to his precint and file a compaint" There is no need for it. THe officers Job is out on the street. Besides, what does he have to be there for. File the complaint, and they do what they do. Him being there while you file it will do nothing, and in fact, the department may have a policy about the officer NOT being present to avoid the impression of the officer pressuring the complainant.

            As for the Dash Cam. Not every department has them, but if they do, and you file a complaint, hopefully theyu will review it to make sure the officer was acting with in policy and the law.

            Michael
            ...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it.

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            • #7
              I'm pretty sure that dogs are trained to sit down when they smell anything suspicious. There is nothing wrong with the whole thing up to the point of them saying the dog smelled something. He has a right to ask you to search, you said no, he called in a dog as he obviously thought there was something worth searching for. Nothing wrong with the dog walking around the outside of your car, its still not considered searching your car. I would specifically be concerned with the dogs actions because if he did not indicate in any way that something was out of the ordinary and they searched then that would be illegal. And, if the dog indicated that something was there and it wasn't then that dog shouldn't be out on the roads searching cars.
              Everybody always thinks that any time they get pulled over its because the cops are being dicks. Nobody ever remembers that they were breaking the law in the first place and the cop is doing his job. Not to say that some cases are indeed harrassment, but it seems like anyone who gets a ticket thinks they were harrassed!
              Anyway, good luck with whatever you decide to do with this. Personally, I would just be thankful that I only got a warning and get on with my life. Keep in mind a fix-it ticket would have resulted in you having to remove your new tint. Pretty nice of him not to write one of those, eh?
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              • #8
                Originally posted by john1701 View Post
                they just love your car! they wanted to see the carputer!!!
                Yeah I know, they where like "it's like pimp my ride, he got everything" and reminded me that I am not supposed to watch movies while driving.


                Michael, my question is: I told them that I do not want my car searched. I asked him if he had any ground, reason, or if I behaved suspicious and he said QUOTE "No, no, not at all." The next thing he does is call K-9. Although the dog was not in my car, the windows were open (which the cop told me to do to measure my tint). I mean he smelled my car, isn't that the same thing as searching for drugs, and isn't this an unreasonable search?

                To the harassment part: He was going through my underwear, clothes, and my whole car, that definitively caused stress. I don't want a guy in his 30s I don't know to smell my underwear, I don't know if any of you would appreciate that.
                And I don't see a legitimate purpose either. He gave me a ticket for tint and driving too close to other cars, what does this have to do with drugs??
                Again, I did not see the dog reacting to anything, and again it is impossible he smelled drugs, I don't do drugs, I don't give high people a ride, I H A T E pot.
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                • #9
                  Originally posted by icecore View Post
                  Well I just got pulled over at the interstate. The cop is like you were too close to other cars and it looks like your tint is too dark (it was dark when he pulled me over, he was standing on the median, wow he must have good eyes).
                  He must have good eyes , So? He can pull you over for the tailgating, and when he gets to your car, he sees your tint, so when you ask, he says, Tailgating and Tint. So what if he told you he PULLED YOU OVER for BOTH. It is insignificant.

                  Lets start with a little legal primer. Mind you, this is based on California law, which of course, is based on Federal Law. All states must grant at least the protections granted by the SC,though, some states may have given MORE protection to thier citizens based on State law, or the State Constitution, so perhaps where you are, it may be stricter.

                  The Federal Gov. has granted everyone (well, almost everyone, lets stop there) many rights. One of them, the 4th amendment, protects the people from "Unreasonable searches and seizures" Unreasonable has been defined by the Supreme Court to mean a "warrantless" search. So, if the cops have a warrant, then the search is valid. There are, however, (I believe) 6 exception to the warrant requirement. Basically, in these 6 instances, the cops DON'T NEED A WARRANT. One of these exception is the Automobile Exception. (Carroll v United States) This means that if the officer has Probable Cause that the automobile has illegal items or was used for criminal activity, then the officer can forgo the warrant, and search the vehicle. Now, Probable Cause (PC from now on) is defined as "reliable information or evidence to support the officer's reasonable belief that a crime has been committed and that the defendant committed it. Realize, there is no DEFINITE definition, because there courts have/must interperate what that means.

                  To further complicate things, the SC has ruled that in order to stop a vehicle, the officer only need REASONABLE SUSPICION. A reasonable suspicion is an articulable reason to suspect that a person has engaged in or is planning to engage in a criminal act. To be valid, a reasonable suspicion must convince an uninvolved reasonable person when described to him; a mere hunch or nebulous suspicion is not enough.

                  So, the officer only needs RS to pull you over, but PC to search your car.

                  Primer over, lets continue.

                  Originally posted by icecore View Post
                  He tested the tint, yes, too dark. I told him I just got it done and told the shop I want legal tint and that is what I got(which is totally true!). He made me get out of my car and and told me no biggie I will get a warning and will be ready to go.
                  Lucky, no ticket. Stop complaining about it then.

                  Originally posted by icecore View Post
                  While writing me a warning he tells me that they're having problems with people on the interstate transporting illegal goods, and asks me if I have any weapons, drugs or large amounts of money. I say no to every question.
                  Good answer, but he is well within his rights to "question" you. You are not under arrest, and you are not "in custody", so the questions are fine.

                  Originally posted by icecore View Post
                  Then he asks me if he an search my car.
                  Rememebr I mentioned the 6 exceptions, "consent" or permission is one of those, so he asked. If you said yes, then he searches, if you say no, well, we'll see later.

                  Originally posted by icecore View Post
                  I say no, and ask him if I have given him any reason that makes me suspicious, if he has any ground. He says no it is just my job.
                  I think that was a nice move. Asking him is he has "PC" for the search shows you know something about your rights. Also, he said no. Hopefully, his body mic (if he has one) will record it.

                  Originally posted by icecore View Post
                  Next thing he does is call a K-9 unit and has a dog walking around my car.
                  Now it gets a little interesting. Remember, I mentioned he only needs RS to stop you. The SC also ruled that a stop based on RS must not be too long as to be considered "custodial" IN a famous case, the SC determined that when the officer took 45 minutes to an hour to "run the guys license" holding him there the entire time, that that was too long. The SC said that the delay/wait has to be "reasonable", which is SC code word for, let the State courts determine what is "reasonable". Basically, the officer can't hold you there for an extended period of time. So, if you had to wait, say, an hour for the dog to show up, that would be a problem. If the dog came by in 10 minutes or less, that would most likely be o.k. 10 to 30, probably would be o.k. 30 to 45, getting hard to be reasonable. Over 45 minutes, unreasonable.

                  Since you don't mention it, I will assume the dog showed up relatively quickly.

                  Originally posted by icecore View Post
                  I watched the dog closely the whole time, he never barked, never put his thaw on the car, nothing. Then he tells me that the dog smelled drugs and they are gonna search my car.
                  Well, dogs are trained differently. Some of the alerts are the paw. Some are barking. Some are sitting. Some are running in circles, all different types of alerts. Just because you didn't see it, doesn't mean that the dog didn't alert.
                  Mind you, the SC has determined that an alert by a dog IS PC. Therefore, the 4th Amendment Automobile Exception is now invoked. They do not need a warrant, and they can search your car.

                  Originally posted by icecore View Post
                  I told him that that is absolutely IMPOSSIBLE since I don't take any drugs, don't allow anybody to smoke in my car, don't give people that have smoked a ride in my car, nothing. Besides I keep my car very clean (just vacuumed it yesterday, and he even wondered that it is a 99 and in that good shape).
                  Don't take this wrong, but the cops get lied to ALL THE TIME. Who cares what you told him (sorry if I am being blunt, I am just telling you legally what the deal is) Who cares how clean the car is, you can still have the smell of drugs ina clean car.

                  Originally posted by icecore View Post
                  The other cop searches my whole car. I had a bag with clean and ironed clothes in my car, takes them all out touches them, looks in every pocket, rubs them together (no idea why). Of course, they don't find anything.
                  Also, since they have PC, they can search ALL CONTAINERS in your car, including plastic bags, no matter what is in them.

                  Originally posted by icecore View Post
                  Now my question is. I did not allow him to search my car, and he had a K-9 dog walk around my car. Can he do this?
                  Like I mentioned above, he can. In 1983 the U.S. Supreme Court ruled that a canine sniff "does not constitute a 'search' within the meaning of the Fourth Amendment," on the grounds that dog sniffing doesn't require a physical intrusion into a subject's possession.

                  Originally posted by icecore View Post
                  I mean isn't that just like searching my car,
                  No, see above.

                  Originally posted by icecore View Post
                  and didn't he tell me that he had no ground whatsoever, and didn't I tell him that I don't want my car searched?!
                  Yes, he did, BEFORE the dog came. He did tel you, so what? He had PC, and the automobile exception, he doesn't need your permission.

                  Originally posted by icecore View Post
                  And how do I know if the dog even smelled anything?
                  You don't. Do you think that matters? It doesn't. I'll tell you why. Because, for hte most part, the remedy for a violation of the 4th amendment is "EXCLUSION" of the evidence. (read this http://caselaw.lp.findlaw.com/data/c...ment04/06.html) Since you were not arrested, and since you got no tickets for anything they found, there is really nothing to exclude. Yes, you might be able file a complaint, but the officer, when questioned, will just say, "The dog alerted" the K-9 cop will say the same. Truthfully, what have you lost. You, I can see you feel like you were treated badly, and maybe you were, but you were not treated ILLEGALLY.

                  Michael
                  ...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it.

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                  • #10
                    Originally posted by icecore View Post
                    I don't want a guy in his 30s I don't know to smell my underwear
                    believe me, nobody does

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                    • #11
                      [QUOTE=edrex;956267] I would specifically be concerned with the dogs actions because if he did not indicate in any way that something was out of the ordinary and they searched then that would be illegal. And, if the dog indicated that something was there and it wasn't then that dog shouldn't be out on the roads searching cars.

                      Well, the dog could alert for various reasons, like the smel of MJ, even though, AT THAT MOMENT, there is no drugs in the car. The smell can linger. Certainly, just because he alerted when there is nothing found, doesn't mean that the dog didn't smell anything.

                      Originally posted by edrex View Post
                      Everybody always thinks that any time they get pulled over its because the cops are being dicks. Nobody ever remembers that they were breaking the law in the first place and the cop is doing his job. Not to say that some cases are indeed harrassment, but it seems like anyone who gets a ticket thinks they were harrassed!
                      Anyway, good luck with whatever you decide to do with this. Personally, I would just be thankful that I only got a warning and get on with my life. Keep in mind a fix-it ticket would have resulted in you having to remove your new tint. Pretty nice of him not to write one of those, eh?
                      Totally agree.

                      Michael
                      ...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it.

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                      • #12
                        Originally posted by Wiredwrx View Post
                        Well, dogs are trained differently. Some of the alerts are the paw. Some are barking. Some are sitting. Some are running in circles, all different types of alerts. Just because you didn't see it, doesn't mean that the dog didn't alert.
                        Mind you, the SC has determined that an alert by a dog IS PC. Therefore, the 4th Amendment Automobile Exception is now invoked. They do not need a warrant, and they can search your car.
                        Now, can't I demand the proof of PC then? If they search the car, they need pc, and don't I have the right to actually see the pc? Again (over and over), it is absolutely impossible the dog smelled anything.


                        Wish I could do anything, those guys were total dicks and treated me like scum.
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                        • #13
                          Originally posted by edrex View Post
                          Everybody always thinks that any time they get pulled over its because the cops are being dicks. Nobody ever remembers that they were breaking the law in the first place and the cop is doing his job. Not to say that some cases are indeed harrassment, but it seems like anyone who gets a ticket thinks they were harrassed!
                          Allright, maybe my tint was illegal and I was tailgating (don't even remember). Give me a ticket or warning and let me go. Takes 5min max, no biggie. I would not be posting here if he had just given me a ticket for what I have done and let me go. Searching my car for something I have not done, that's what I am complaining about.
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                          • #14
                            Originally posted by icecore View Post
                            Now, can't I demand the proof of PC then? If they search the car, they need pc, and don't I have the right to actually see the pc? Again (over and over), it is absolutely impossible the dog smelled anything.


                            Wish I could do anything, those guys were total dicks and treated me like scum.
                            Probably not, for various reasons. First, they do not necessarily "record" the dog while he does a search. Second, they will say he alerted. Even if they say, An alert is so and so, and you say, he never did so and so, the cops will say he did do so and so. Then what? And, since there is no "court action" against you based on the search, there is no evidence to prove.

                            It is NOT IMPOSSIBLE, because ANYTHING is POSSIBLE. It may not be probable, it may not be likely, it may be very unlikely, but not impossible. Maybe you havea friend who has a fat sack with him in the car. Maybe a buddy smoked and got in the car. Maybe someone got spooked and stuck a bag in your wheel well when a cop came around, and then when the cop left, snatched it out (you do live in the Miami, right? ) Maybe some guy was proped up against your car smoking a bowl, and the smell got on the car. Maybe a buddy dropped a stem in the car somewhere one day. Who the heck knows, while unlikely, those things are POSSIBLE, since anything is possible.

                            It doesn't seem like they treated you badly, which mind you, IS NOT ILLEGAL. Only treating you illegallly is illegal. Treating you like a scum bad skell criminal is legal.

                            Michael
                            ...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it.

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                            • #15
                              Originally posted by icecore View Post
                              Searching my car for something I have not done, that's what I am complaining about.
                              Why. As long as he is within his rights, and not violating yours, you have nothing to complain about.

                              Michael
                              ...I love the French language...especially to curse with...Nom de Dieu de putain de bordel de merde de saloperies de connards d'enculés de ta mère. You see, it's like wiping your *** with silk, I love it.

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