legal question.

[04_edge 10+ year member]

ok so last night i came home it was around 830-900(it was already dark) and i found that my ex gf was parked in front of my house, so me not wanting to go home went and parked 7 or 8 houses down at a dead end street. well i was there for a while and two cops roll up, first thing that happens was they both turn on their spot lights and shine them in my truck, then they get out and because it wasnt bright enough they then shine flashlights all in my eyes( 2 cops). well they walk up to my truck and the first thing the male cop does was reach his hand threw my window and place his hand on my chest, he then asks what i asked what i was doing here, for my id and where i live. i told him i live right over there on that street and then told him why was there. they then asked me if i was out with my buddies vandalzing houses and stuff and i said no, i came home and saw my ex gf at my house and didnt want to go home or waste gas while driving around. he then goes oo is your gf a big girl, would she pick you up and body slam you or something, i go no, i just dont want to see her, at about that point the lady cop in this ***** voice goes lets go ahead and get him out of the truck. they get me out, search me, put my hands behind my back, didnt put me in cuffs, but they held my hands there, they searched my truck without asking and then went through my cell phone and asked me if i had called all these people lately and i said ya. they then called my mom on my phone and talked to her. they were being complete dicks about stuff the whole time, like the told me to put my hands together and aparantly i didnt do it right so they started yelling at me for it. they also told me that if these guys they picked up earlier turned me in then i would be going to jail, but if i cooperated with them i could go home...

my question is did they have the right to do this, to search my truck and go through my phone without my permission?

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[bdawson72 5,000+ posts]

Chances are no.......But most of the time they dont care whether they have the right to or not.

 

[04_edge 10+ year member]

ya, well it was just bullshi* i was completely cooperating with them and they were yelling at me and and being complete dicks the whole time.

im debating on filing a complaint, not that anything would happen. this is the second time ive been fully searched by the cops for no reason.

 

[twisztdauthorit 10+ year member]

w/out your consent they don't have permission to search anything.

file a complaint against them.

 

[yne721 10+ year member]

ya, well it was just bullshi* i was completely cooperating with them and they were yelling at me and and being complete dicks the whole time.
im debating on filing a complaint, not that anything would happen. this is the second time ive been fully searched by the cops for no reason.

i called a cop out on harassing me, and told him i wanted his badge number so i could report him, and he said "well if that's the way it's going to be give me your license and i'll write you a ticket" so he wrote me a ticket for having an air freshener in my car.

i say, if nothing's going to come of it, ignore it. i'm sure they could write you a ticket for loitering or some stupid bullshit. just my .02

 

[4runnercrazy 10+ year member]

why the hell do ppl ask this stuff on car audio forums?

 

[04_edge 10+ year member]

why the hell do ppl ask this stuff on car audio forums?

b/c there are a bunch of people on here that have more experience with this then me and my freinds do...

 

[hurricanes0688 10+ year member]

Id file a complaint against them, ive had that stuff happen to me and it once happend to my friend. He got pulled over for window tint on his magnum and because one of the drug dogs or whatever was barking they searched his car, not to mention they had no permission or anything besides the dog barking, they searched the whole car and found nothing and the dog jumped all of his new car scratching on the sides of the doors. I think did it because he was young and had a nice car, its not his fault that he has money from his parents to purchase things doesnt me he sells drugs... so imo id file sometihng against them.

 

[Twistid 5,000+ posts]

murder him

 

[yne721 10+ year member]

Id file a complaint against them, ive had that stuff happen to me and it once happend to my friend. He got pulled over for window tint on his magnum and because one of the drug dogs or whatever was barking they searched his car, not to mention they had no permission or anything besides the dog barking, they searched the whole car and found nothing and the dog jumped all of his new car scratching on the sides of the doors. I think did it because he was young and had a nice car, its not his fault that he has money from his parents to purchase things doesnt me he sells drugs... so imo id file sometihng against them.

they don't need permission if they have probable cause, and the drug dog barking is probable cause assuming it's a well trained dog.

although the p.d should've covered the costs as long as nothing was found.

 

[Dozy_production 10+ year member]

i called a cop out on harassing me, and told him i wanted his badge number so i could report him, and he said "well if that's the way it's going to be give me your license and i'll write you a ticket" so he wrote me a ticket for having an air freshener in my car.
i say, if nothing's going to come of it, ignore it. i'm sure they could write you a ticket for loitering or some stupid bullshit. just my .02

and whats wrong with having an air refreshener in the car? thats really bizarre.

 

[twisztdauthorit 10+ year member]

i called a cop out on harassing me, and told him i wanted his badge number so i could report him, and he said "well if that's the way it's going to be give me your license and i'll write you a ticket" so he wrote me a ticket for having an air freshener in my car.
i say, if nothing's going to come of it, ignore it. i'm sure they could write you a ticket for loitering or some stupid bullshit. just my .02

did you take that ticket to the judge... im sure he would just laugh

 

[Loud3 10+ year member]

Id file a complaint against them, ive had that stuff happen to me and it once happend to my friend. He got pulled over for window tint on his magnum and because one of the drug dogs or whatever was barking they searched his car, not to mention they had no permission or anything besides the dog barking, they searched the whole car and found nothing and the dog jumped all of his new car scratching on the sides of the doors. I think did it because he was young and had a nice car, its not his fault that he has money from his parents to purchase things doesnt me he sells drugs... so imo id file sometihng against them.

If they have a drug dog, and he makes any advance to show there is drugs in the car, then that is all the permission they need. At that point, they do not have to have a warrent, or ask your permission. They have probable cause for a search.

 

[Loud3 10+ year member]

And to the OP.

They cannot go through personal property without a warrent or your consent. If they do not ask for consent, then that is harassment. Anything that they would have found in the car would have been null-and-void in court.

I am not totally clear on the issue of the cop laying his hand on you, but I am fairly sure that he is not supposed to make contact with you prior to you getting out of the vehicle.

Your best bet is to call a lawyer and see what can be done... sounds like overzealous police to me.

 

[LinxuS 10+ year member]

If they don't have your consent, they can't search your car, except to what is in "plain sight".

They can not go through your phone however, unless once again, you consented, or they had probable cause to.

I'd call a lawyer and see if you can get a lawsuit going or something.