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Cops Seized My Possessions at a Traffic Stop for Refusing Search

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Backspacez

Junior Member
What is the name of your state (only U.S. law)? The incident happened in VERMONT but I live in NEW YORK. So this would follow VT law.

Me and some friends are driving up to my friends house in Vermont to hang out for the weekend. His brother calls and tells him to stop to get ice, when we pull into the gas station, cops immediately flash their lights. My friend had a broken taillight so they were issuing him a ticket when the officer spots a beer stuffed in the back pouch of my friends seat, he had forgot he left it in there.

At this point, the cop said okay just give me the rest of the alcohol in the car and I'll just let you guys go. In the moment, i just gave him the 6 beers I had in my bag, for some reason I trusted the officer. Big mistake. So he gets us out of the car and searches us, I let him search my body but not my wallet. He was searching all of my friend's bags and looking for contraband. He found like a gram of weed and a bowl in my friend's bag, a flask full of rum in one's bag and a half a bottle of rum in another bag.

When it came time for the officers to search my bags I refused and stated my rights. After a lot of talking and scare tactics, the officers told me that they're seizing my possessions until they can get a warrant to search through them. I told them OK, thinking that they couldn't actually legally do so. But, I guess they can because that's what they did.

This happened Friday night and they told me that by Tuesday I'll know if they got the warrant from the judge. Well it's Tuesday night and I haven't heard anything from them.

There is nothing that would be of any interest to cops in my bag. Very, very minor things. My uncle who has been in LE for years said they it's likely that after I left the scene they looked through the bags and saw that there was nothing interesting in the bags so they probably won't bother getting a warrant to search the bags.

I am now back in New York, where I live and my bags are in Vermont with the police. They said something about if they don't have a warrant served within like two weeks I can come back and grab my bags. That won't be a problem as I'll just go there for the weekend with my friend again and get the bags than.

What should I expect here? Is it likely that they'll get the warrant given the fact that there was contraband in the car? Will the cops even try to get the warrant? Any info would be great.
 


justalayman

Senior Member
Was it an open beer? Were any or all of you under age?

From what I read they likely didn't need a warrant to search your bag.


What I suspect will happen is if there is anything illegal in the bag is you will be invite to retrieve your bag and upon you asking for it you will be arrested.
 

Backspacez

Junior Member
Was it an open beer? Were any or all of you under age?

From what I read they likely didn't need a warrant to search your bag.


What I suspect will happen is if there is anything illegal in the bag is you will be invite to retrieve your bag and upon you asking for it you will be arrested.
Yes we were all 18 years old, underage. The beer was closed.

If they didn't need a warrant, they wouldn't have told me that they needed one. They straight told me that they needed a warrant so they must've needed it or else they would have just searched it right then and there rather than take it and wait for the warrant.
 

justalayman

Senior Member
Maybe they weren't sure and wanted to err on the side of caution. only time will tell.

If there was anything in the bag that was illegal, as I said before, plan on being arrested either if/when you attempt to retrieve the bag or if you refuse to retrieve the bag, then when there is any police contact where the cop becomes aware of the outstanding arrest warrant.
 

Backspacez

Junior Member
Maybe they weren't sure and wanted to err on the side of caution. only time will tell.

If there was anything in the bag that was illegal, as I said before, plan on being arrested either if/when you attempt to retrieve the bag or if you refuse to retrieve the bag, then when there is any police contact where the cop becomes aware of the outstanding arrest warrant.
I guess so. If anyone who is specifically knowledgeable on Vermont law can chime in on this, that would be great.
 

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