So today My aunt told me to go pick up my cousins from school, I left her house 10-15 mins before they get out to get a parking space. As I was leaving her development I was pulled over, and asked to step out of my vehicle and to show Insurance License etc. The Officers didn't even give me a reason why they pulled me over. They asked If they could search my vehicle I complied fearing If I didn't I would be in more trouble then I surposedly was. They continue to intragate me, and asked me all kinds of questions, asking If I do drugs sell them etc. I told them to contact my father, and they told him they stopped me because I staired at them weirdly . Now is this probable cause to pull someone over.
They had all my shit on my trunk money etc, I was shaking because I was never and they kept asking me why I was shaking and I told them I've never been pulled over for something to this affect and that I was nerveous. At this point in time they continue to search my car, saying that found something illegal I go what is that? the officer goes if you can tell me Ill let you go, then goes put him in Cuffs smirking, and then asked him what he found he pulls out an Imodium pill. after speaking with my father he sends me on my way.
Can I file a complaint against these officers. they had no probable cause to search my vehicle or me. they said my eyes were blood shot which wasn't the case. they gave me the DUI finger following test as well.
If you do feel like you have been treated poorly or have your civil rights violated then by all means speak with the person in charge of complaints, i.e. professional standards or internal affairs. Some departments may try to pass you to the officers immediate supervisor, do not allow it. They may speak with you, smooze you over and treat it as a training issue with the officers. Call the main number and tell someone that you need to file a formal complaint. You will have to go there in person and give your written statement, etc. Most departments have video footage of their traffic stops, this should help you in this case. Police Officers who do stupid things need to be corrected or it will continue and continue. GL.
yeah, you shouldnt have gave them consent and you should have asked why you were pulled.
they told my dad, that I looked at them weird? that was their reason for pulling me over. And If I told them no, I would have been held longer. And would have been taken to jail.
No. Without probable cause they would need a warrant to lawfully search your vehicle, unless you give them consent (which you did). Never give them consent, even if you have nothing to hide. They had no reason pulling you over to begin with and they were just looking for a way to arrest you.
Like others have said, file a formal complaint.
***The above post is merely opinion and should not be interpreted as fact***
So your saying staring or looking at an officer weird, isn't probable cause?
Damn guys, y'all don't want any drugs off the street do you? I understand you had nothing to hide but it sounds to me like you were leaving a a HIGH drug trafficing area(whether you realize it is or not). Sounds to me the guys that stopped you were a street crime unit or officer s that work that area and have a good idea about what goes in and out of it. If its a street crime unit then trust me they know more about that neighborhood then you ever will, regardless who you know lives there or even if you yourself have lived there. When working dope, espeically at the street trafficing level it is hard to do what needs to be done without stepping on some toes. I'm not saying illegal stuff has to happen to catch crimianls at the street level but we are not out there to kiss anyones ass. As for the comment the officer made about the Imodium pill, there is alot of doctor shopping and controlled substance abuse going on right now across the US. Prescription drugs are the most highly abused drugs in most regions now. If the officers cussed, hit, abused you then you have a complaint but if not then they are doing there job and if its a high drug area I say just let it be. Just remember they are not pulling you over to try and make friends with you.
** Oh yeah, if its a high drug area and can be articulated correctly then thats enough RS to stop you.**
No. Without probable cause they would need a warrant to lawfully search your vehicle, unless you give them consent (which you did). Never give them consent, even if you have nothing to hide. They had no reason pulling you over to begin with and they were just looking for a way to arrest you.
Like others have said, file a formal complaint.
***The above post is merely opinion and should not be interpreted as fact***
First of all I agree your "opinion" should not be interpreted as fact- but bad advice.
Secondly, experienced officers know what is suspicious- warranting a brief stop...By the way probable cause is NOT needed to stop, but a lower standard- "reasonable suspicion to belief criminal activity is afoot" Terry allows for a brief stop- and that is not illegal detention. Officers do need PC to search your car absent consent, but that PC may come about as a result of your answers, plain view doctrine, smell of drugs, dog alerting on car, etc...
Lastly, because of the "inherent mobility of a car"- there is an exception to the search warrant rule. If there is PC to search, Officers may do so.
And on a side note...keep medications in original container- failure to do so here is a misdemeanor. As to over the counter drugs- the same common sense approach should be taken as the officer will immediately know what it is.
Next time you ask for advice on this forum- limit your questions to law enforcement officers or you will get the type BS response posted above.
First of all I agree your "opinion" should not be interpreted as fact- but bad advice.
Secondly, experienced officers know what is suspicious- warranting a brief stop...By the way probable cause is NOT needed to stop, but a lower standard- "reasonable suspicion to belief criminal activity is afoot" Terry allows for a brief stop- and that is not illegal detention. Officers do need PC to search your car absent consent, but that PC may come about as a result of your answers, plain view doctrine, smell of drugs, dog alerting on car, etc...
Lastly, because of the "inherent mobility of a car"- there is an exception to the search warrant rule. If there is PC to search, Officers may do so.
And on a side note...keep medications in original container- failure to do so here is a misdemeanor. As to over the counter drugs- the same common sense approach should be taken as the officer will immediately know what it is.
Next time you ask for advice on this forum- limit your questions to law enforcement officers or you will get the type BS response posted above.
Signed, Moderator, retired LEO and Prosecuting Atty. - specializing in 4th and 5th Amendment issues..
I did POST LEO ONLY. They didn't smell alcohol, or drugs, so they had no reason to search my vehicle. Even if I didn't give them consent, I probably would have been arrested.
I just noticed your LEO only, and as you can tell- others chime in.
You seem to forget you DID consent- They found nothing to arrest/charge you with and you were allowed to leave. Your basic gripe is that officers stopped you. You have no knowledge of their experience, why they were in the area, etc. I have no knowledge of your age- but that does play a factor in what officers may- or may not find suspicious.
Bottom line- You have no basis for a complaint that may only come back to haunt you.
I just noticed your LEO only, and as you can tell- others chime in.
You seem to forget you DID consent- They found nothing to arrest/charge you with and you were allowed to leave. Your basic gripe is that officers stopped you. You have no knowledge of their experience, why they were in the area, etc. I have no knowledge of your age- but that does play a factor in what officers may- or may not find suspicious.
Bottom line- You have no basis for a complaint that may only come back to haunt you.
I understand that sir, But If I hadn't given consent, They would have arrested me even though they didn't mention it. They didn't even tell me what they pulled me over for. When they spoke to my father on the phone, they said they stopped me for looking at them weird, That right there is not probable cause to stop someone. Unless I threw something out the window failed to stop at a stop sign etc, but I did not break any of those laws. then yes they have every right to stop me. whi
whether you agree with me or not is totally up to you.
I understand that sir, But If I hadn't given consent, They would have arrested me even though they didn't mention it. They didn't even tell me what they pulled me over for. When they spoke to my father on the phone, they said they stopped me for looking at them weird, That right there is not probable cause to stop someone. Unless I threw something out the window failed to stop at a stop sign etc, but I did not break any of those laws. then yes they have every right to stop me. whi
whether you agree with me or not is totally up to you.
This post convinced me as to your intent and here it is obvious- to complain and that is not the purpose of the forum, hence I am granting you a leave of absence for a while for not following the rules. In the mean time, you may read a book on the 4th Amendment. When you get there in school perhaps you will understand a little better.
You have every LEGAL right to refuse the search. If they do it anyways it's in violation of the 5th ammendment.
***edited by Moderator***
Just know your rights and be respectful.
This is why LEOs only should respond..One who does not know 4th Amendment from 5th Amendment should not post on this forum...
No comment - didn't realize this was a restricted forum.
This is NOT a restricted Forum, however, when an OP asks for responses from LEOs only, we want to keep those responses limited to Officers.
If you ask a question to all- ALL will chime in and that's great. Opinions, discussions, and questions posed to all are welcome. We do ask posters to not make degrading, derogatory remarks about police.
When I pull someone over I always find the grounds, lets face it drive 1 block and the person will either not signal, crose the centre line a little bit, swerve a little bit and you might be impaired. When I pull someone over and search the vehicle you MUST be able to form your grounds and articulate why you have searched this vehicle, illegal search and anything you find is most likely getting tossed out in court.
Usually you have an idea by running the person's crim record to know if they are s&%^ rats or not.
I wasnt there so i cant really comment but lets face it sometimes lines are crossed and LEO's all get painted with the same brush.
Well excuse me, let me know when you are off your high horse please.
Well if you're going to put your two cents in talking about a violation of rights, at least make them the correct ones, due process obviously doesn't apply here. Fourth amendment search and seizure rules weren't broken since consent to search was given, but who knows, maybe consent didn't even need to be given depending on circumstances.
If the OP wants an explanation of what happened he should by all means go to the pd and request to speak to a supervisor, if you want to file a complaint at that time it's up to you, but if you are looking for clarification I'm sure a supervisor would talk to the officer about the stop and the officer would have a chance to explain the what, why, and where, and would get back to you within a few days. If after you talk to the officer or supervisor involved and still wish to file a formal complaint you could do so at that time.
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Last edited by rubber duck; 10-30-2009 at 06:40 PM.
So today My aunt told me to go pick up my cousins from school, I left her house 10-15 mins before they get out to get a parking space. As I was leaving her development I was pulled over, and asked to step out of my vehicle and to show Insurance License etc. The Officers didn't even give me a reason why they pulled me over. They asked If they could search my vehicle I complied fearing If I didn't I would be in more trouble then I surposedly was. They continue to intragate me, and asked me all kinds of questions, asking If I do drugs sell them etc. I told them to contact my father, and they told him they stopped me because I staired at them weirdly . Now is this probable cause to pull someone over.
They had all my shit on my trunk money etc, I was shaking because I was never and they kept asking me why I was shaking and I told them I've never been pulled over for something to this affect and that I was nerveous. At this point in time they continue to search my car, saying that found something illegal I go what is that? the officer goes if you can tell me Ill let you go, then goes put him in Cuffs smirking, and then asked him what he found he pulls out an Imodium pill. after speaking with my father he sends me on my way.
Can I file a complaint against these officers. they had no probable cause to search my vehicle or me. they said my eyes were blood shot which wasn't the case. they gave me the DUI finger following test as well.
What should I do about this?
The officer's didn't need probable cause to search your vehicle, as you consented to the search. As for the stop itself, I am sure they has another reason other than you looked at them wierd. The demographics of the area play a large part into things. For instance, a high crime area and an out of place car and the stare down by the driver can lead to a Reasonable Suspicion stop.
If you feel you were mistreated, by all means talk to the people in the department's internal affairs department.
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