Can the polics search my car just because i locked my keys in my car?

[KSBadboy30]

What is the name of your state (only U.S. law)? Kansas. I was stopped a served with a restraining order and the police asked me to get out of my car. I got out and hit the lock button on my remote and threw the keys through my sunroof (which was cracked enough for the keys to fit) they handcuffed me and started asking me why i did that and i told them that i could. Then they asked me if i was drinking and started harassing me. They got done with that and they took the handcuffs off and let me go, one asked if i wanted them to open my car doors and i said no. I then walked off to my friends house across town and when i came back my car was gone. I knocked on the peoples door that my car was in front off and they didnt answer so i walked down the street and a sheriff officer pulled up and told me to get in. I asked him where was my car and he said the owners of the house i was parked in front of there house had called and had it towed since i was blocking their driveway. The sheriff tried to take me to the police station but i refused and told him to drop me off at the gas station. I called the tow yard and the owner said that he wasn't there but i could get my car in 30 mins. 20 mins later the sheriff's officer pulled up to the gas station and slammed me against the wall and arrested me for possession of marijuana. They had called the next county over to bring a drug dog in to run it around my car at a private impound yard and they broke into my car and got the marijuana. The owner of the tow yard said that he didnt give them permission to enter his property. My court appointed attorney wouldn't file any paper work fighting the search he said he was waiting on more info from the police and district attorney. Kingman Ks pop. 3500 these people see each other everyday. The officer stated that the reason why they called in the drug dog was because it was suspious that i locked my keys in my car. I ended up telling my attorney he was worthless and working for the D.A. ( which is true his other attorney in the firm is the part time prosecutor in town) and he quit so i'm lawyer less now. Another attorney told me that the search was illegal so now i'm wondering what i should do? Thank you very much.What is the name of your state (only U.S. law)?

[JETX]

Originally Posted by KSBadboy30

Another attorney told me that the search was illegal so now i'm wondering what i should do?

Very simple... hire THAT attorney.

[dave33]

To answer your question "what should i do?." The answer is work with your lawyer. Do not deal with the police or investigators without your lawyer. He does have to wait for more information. Although you and your attorney have a right to dicovery, sometimes (all the Time) these things take time. Now, from your account of the situation, you have a very strong case.Realistically I think you should prepare yourself for the fact that it is possible that there version of events is different. I could not know because obviously i wasn't there. A very common method used to ensure that a case is legal, is the "in plain sight" clause. It removes any complication by saying it was on the passenger seat.goodluck.

[KSBadboy30]

The marijuana was in my center armrest storage area not in plain site. Thank you for the advice. I have no lawyer he (court appointed) quit after our arguement about the direction my case was going. The other attorney works with the aclu in wichita, Ks. I had contacted them for help but they weren't willing to help but he said that he'd represent me for a fee. thank you again for the responses.

[JETX]

Originally Posted by dave33

Now, from your account of the situation, you have a very strong case.

And since you are clearly NOT an attorney and have no legal education or experience, your assessment is entire crap!!
You have NO idea what probable cause, if any, the police might have. At the very least, if the police were involved in the tow, they have an obligation to inventory the vehicle at the time it is towed.

Only AFTER a review of the full facts, can an attorney determine if there is a probable cause or not.

I could not know because obviously i wasn't there.

Seems to contradict your earlier "you have a very strong case", doesn't it??

[JustAPal00]

They don't need permission or a warrant to walk the dog around your car. If the dog hits, they have probable cause to search it! You were pulled over by them, they could have done it then!

[justalayman]

Originally Posted by JustAPal00

You were pulled over by them, they could have done it then!

actually, given the reason for the stop, unless the dog was in the car that stopped them or very close at hand, they could not have done it. They are not allowed to detain a subject merely to wait to allow a drug dog to be brought to the scene.

and actually, with the action that took place at the scene, the OP may have a claim against the police unless there is additional information not provided here.

[JETX]

Originally Posted by justalayman

actually, given the reason for the stop, unless the dog was in the car that stopped them or very close at hand, they could not have done it. They are not allowed to detain a subject merely to wait to allow a drug dog to be brought to the scene.

The OP's 'suspicious' activity is LIKELY sufficient for the officer to have cause to detain for further investigation... including 'bringing' in the dog.

and actually, with the action that took place at the scene, the OP may have a claim against the police unless there is additional information not provided here.

And that is crap!!
The police are immune from claims unless their actions are CLEARLY outside the scope of their authority. Clearly, that is NOT the case here.

[dave33]

Easy now fellas. You are absolutely wrong about education and experience. 1st this is advice based on the thread posted, anyone could say "only after a full review of the facts only an attorney etc..." That pretty much goes without saying. Everything i posted is my "legal advice" and obviosly you have yours, but mine i completely believe based on education, but just as importantly experience. Also from my understanding and experience probable cause must be more than suspicion. A dog barking (in my state) is not enough for a search. Given the post do you see p.c. ? no, hence the statement he has a strong case. Also the police were not obligated in any way to inventory the contents! If you wanna talk about CRAP, than that inventory statement deserves a capital C.Now, to get back to ks badboy 30. If your court appointed lawyer quit than at the next court date the judge should arrange for another. The fact that he quit is unusual and will require him to withdraw, which the judge might not allow. I'm not sure how long ago this lawyer situation happened, but legally he may still be your lawyer.The fact you have a court appt. lawyer and not a p.d. would lead me to believe you had a conflict w3ith the p.d.'s office or they with you. If that is the case the judge won't want to go through another determination hearing with you.goodluck.

[cyjeff]

I think we are all forgetting the small matter of throwing the keys into the sunroof after locking the car.

Very few people would not consider this a suspicious act.

[KSBadboy30]

I guess i should've added all details but i figured my orginal post was getting to long and nobody would want to read it.

The owners of the house were i was orginally pulled over in front of contacted the tow yard themselves. Not the police. The police let me leave the scene and they left too.

I appreciate everyones comments and knowledge because i'm not a attorney and i wanted some more opinions on the issue because i have court next week on the matter.

I wasn't sure on the search rules anymore its been more than 20 yrs since my dad was a cop here in ks so he wasn't much help.

[KSBadboy30]

The drug dog was brought in from Wichita which is 40 miles away from kingman because kingman doesn't have there own dog.

Can they take a drug dog on private property such as a tow yard and check a car without the property owner's permission?

Thank you everyone for your comments.

[justalayman]

Originally Posted by cyjeff

I think we are all forgetting the small matter of throwing the keys into the sunroof after locking the car.

Very few people would not consider this a suspicious act.

but quite legal. This action in itself is not justification for the police to take any further action without reasonable suspicion.

In fact, if you look for the video (I think it is the ACLU site), they suggest locking your car when exiting it when being interviewed by the police.

[justalayman]

The owners of the house were i was orginally pulled over in front of contacted the tow yard themselves. Not the police. The police let me leave the scene and they left too.

but the tow was due to an illegal parking. That involved the police, again.

[justalayman]

=JETX;2362875]The OP's 'suspicious' activity is LIKELY sufficient for the officer to have cause to detain for further investigation... including 'bringing' in the dog.

I disagee. Locking your car in itself does not convey any particular crime and in itself would not warrant valid sustainable suspicion of a crime.

And that is crap!!
The police are immune from claims unless their actions are CLEARLY outside the scope of their authority. Clearly, that is NOT the case here.

the detention and cuffing of the OP for service of a RO is within their authority? Highly doubtful even a Terry claim would justify the cuffing.

The presentation obviously shows the police used the RO as a pretext to an interrogation of the OP. Dang, I'm not even sure they had a right to stop to serve the RO. How would they have ID's the OP as the person the RO was intended for until he was stopped?