Were my 4th amendment rights violated?

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Cmoke

Cmoke

Sicc OG
#1
May 10, 2002
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#1
I let my friend use my car for work this morning on his way back he picked up his daughter and they were pulled over for "following too close" A driver had turned from the slow lane into the passing lane and cut my friend driving my car off. They go around a turn and theres a Highway Patrol sitting there with his blinker on just waiting to turn out. He pulls him over in my car and starts being all agressive, asking if he has any warrants, if theres anything in the car, like drugs...specifically marijuana...he pushes this and pushes it and doesnt get the answers he wants...is there any drugs in the car? "no" Whens the last time you used? "i dont use? what are you saying?" marijuana, whens the last time you used it? "i dont use." (this is with his little girl right in front of him..) you've never smoked marijuana?! "Look i dont need a reason to lose my little girl so your answer is the same as it has been, NO"

So he says hes going to write a warning ticket for following too close, what he actually does is calls a second unit with a K9 and has the dog run around my car...now my roomate didnt see this happen but the dog according to the officers signaled by sitting by my passenger side door...so they now can go inside and rip through all my shit...tore my car apart. and found NOTHING.

What kind of bullshit is this? what right do they have to make him wait around for a drug dog unit? There was no probable cause, and he never consented to a search because this mother fucker never even asked to search. Im going to be filing a complaint with the highway patrol and possibly hiring an attourney to pursue this legally if i can.

your thoughts?
 
ColdBlooded

ColdBlooded

Sicc OG
#2
Apr 25, 2002
15,044
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#2
Probable cause was the dog signal.

File a complaint and hire and attorney and you will waste your time and your money.

Be happy your car was clean, not impounded, and your friend is free.

Recent supreme court rulings on motor vehicle searches are not in your favor so don’t bother.
 
MEXCOM

MEXCOM

Sicc OG
#3
Feb 9, 2003
8,398
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#3
A man I knew with a Juris Doctor once explained it to me in that a car is mobile and thus the cause is probable because if there were things in the car the person operating it could easily flee if an officer was to seek a permit. Thus you are screwed. And since you've always been some what of a bitch, I hope you do fight this and end up losing your money and time.
 
Cmoke

Cmoke

Sicc OG
#5
May 10, 2002
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#5
MEXCOM said:
A man I knew with a Juris Doctor once explained it to me in that a car is mobile and thus the cause is probable because if there were things in the car the person operating it could easily flee if an officer was to seek a permit. Thus you are screwed. And since you've always been some what of a bitch, I hope you do fight this and end up losing your money and time.
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havnt been on here for hella time and people still got their feelers hurt i see...and i dont even know you? anyways thanks bro. just thought it was fucked up how hes automatically a criminal, a drug user, and accused of such right in front of his little daughter..to be let go when nothing was found, i dont ride dirty, sry. and thats some fucked up shit.
 
Cmoke

Cmoke

Sicc OG
#10
May 10, 2002
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#10
iv been reading about dogs that hit on every vehichle they run around and only about a 1/4 of those actually turn up anything illegal. Consider the possibility of giving a silent command to signal, just as an excuse to search.
 
DubbC415

DubbC415

Mickey Fallon
#11
Sep 10, 2002
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Tomato Alley
#11
My little bro drove my car to his high school, and parked it in their parking lot. They pulled my brother and another kid out of their classes. They searched their cars, and found NOTHING. My brother said they pulled out a baggie with swisher guts in it, and thats what the dog detected. He said the cops were nerds, like "What is this?" "Oh that must be what they use to roll their marijuana cigars". By the way, they just roamed the parking lot with the dog before they called them down to the cars. I think dogs are too sensitive, in that if u've just smoked in the car, they'll detect it.
 
J

JazzFan

Sicc OG
#12
Jul 9, 2002
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#12
Those damn dogs are bullshit they can be silently triggered I used to work with a guy that was a MP in the military and he used to train drug dogs and they can be given a command to "detect" drugs. That cop must have wanted to fuck with you.
 
P.E.

P.E.

Sicc OG
#13
Feb 24, 2003
1,977
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#13
NO PROBABLE CAUSE IS WHEN THEY ASK YOU IF THEY CAN SEARCH AND IF U SAY NO,THEN THEY SAY WELL IMMA CALL THE K9 OUT AND IF EVERYTHINGS OK THEN THEY SUPPOSED TO LET U GO!..BUT I MEAN,EITHER WAY ,I DONT THINK THEY CAN RIP UR SEATS OUT JUST LIKE THAT ,TO ME THAT WAS NO PROBABLE CAUSE!...WHY DID HE ALL OF A SUDDEN ASK U ABOUT WEED,..WUT MADE HIM ASK YOU THAT?1....OR UR FRIEND OR WUTEVER!...BUT YEA,GO TALK TO A LAWYER,SUM FREE CONSULTATION AND SEE WUT HE SAYS!...HOPE IT ALL WORKS OUT FOR U 1...
 
Defy

Defy

Cannabis Connoisseur
#14
Jan 23, 2006
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Rich City
#14
wasn't there a case that went to the supreme court within the last couple years about whether a k9 unit can be called to the scene of a traffic stop.....I don't remember.....but since you're a weedhead and you probably smoke in your car, your car probably smells like weed especially to someone who don't smoke. but as for getting money outta the police, good luck with that shit, cuz even if, you probably won't, but even if you get a settlement or a court ruling it wouldn't be for hella years......waste of time....cops fuck with people and get away with it all the time, its what they do.
 
HERESY

HERESY

THE HIDDEN HAND...
#16
Apr 25, 2002
18,326
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www.godscalamity.com
www.godscalamity.com
#16
P.E. said:
NO PROBABLE CAUSE IS WHEN THEY ASK YOU IF THEY CAN SEARCH AND IF U SAY NO,THEN THEY SAY WELL IMMA CALL THE K9 OUT AND IF EVERYTHINGS OK THEN THEY SUPPOSED TO LET U GO!..BUT I MEAN,EITHER WAY ,I DONT THINK THEY CAN RIP UR SEATS OUT JUST LIKE THAT ,TO ME THAT WAS NO PROBABLE CAUSE!...WHY DID HE ALL OF A SUDDEN ASK U ABOUT WEED,..WUT MADE HIM ASK YOU THAT?1....OR UR FRIEND OR WUTEVER!...BUT YEA,GO TALK TO A LAWYER,SUM FREE CONSULTATION AND SEE WUT HE SAYS!...HOPE IT ALL WORKS OUT FOR U 1...
Click to expand...
You are INCORRECT. Probable cause is NOT when they ask if they can search your vehicle. Probable cause is a standard or evidence/facts that when taken in totality, suggests a crime HAS BEEN commited, IS BEING commited or WILL BE commited. When they ask or phrase what they want to do as a closed end question (a yes or no question), they are acting on CONSENSUAL ENCOUNTER.
 
F

Fucky McFuckerson

Sicc OG
#19
May 9, 2002
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#19
HERESY said:
Probably because there was an element of reasonable suspicion and he smelled tree's. I say this because cmoke said, "asking..., if theres anything in the car, like drugs...specifically marijuana..."
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I thought those questions were just standard questioning that everyone got when they get pulled over. I know everytime I have been in a car, the police always ask that, no matter who is driving. Whether it was my knuclehead freind who cant stay out of jail, or my buddy who works for a firm and wears suits just to be a dick on the weekends.
 
Cmoke

Cmoke

Sicc OG
#20
May 10, 2002
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#20
He never said why he orderd the k9 unit, he also never gave reason for doing so. There was nothing suspicious about my car or the persons inside it.
 
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