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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 11-18-2005, 12:35 PM
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Join Date: Nov 2005
Posts: 1
Unhappy

enough cause to file report on officer?


What is the name of your state? Idaho


my boyfriend over slept and missed his pre trial for driving on a suspended license. He called the court and the judge had already issued a warrant for arrest but the clerk said it was $50 with a bail bond and come in tommorow with it. because it was already after buisness hours(which in this small town were early that day). Within two hours I was driving with my boyfriend in the passenger seat and up rolled a sheriff which at one time was friend of my man's and family. he pulled us over and went straight to his door. shot the breeze for a while and when I asked why we got pulled over the sheriff said "b/c he is in the car."
a little upset that the warrant was brand new and the officer knew us and was driving by our friends house over and over like he was looking for him I got upset. after 1/2 hour or more of playing "maybe I should take you in!" He did. Then he took my boyfriend to his police car and came and talked to me told me to get ahold of bondsman. I got the number from the officer and was getting ready to go at which point he asked if he could search the car. I said no it is not my car it is my boyfriends and it tooks hours to clean up after they searched it last time when he was arrested for driving w/o privleges (1block from our house!)
I think that made him think something else so he went and asked my boyfriend back in the patrol car if he could search and later I found out that he also said no. The officer then asked me to get out of the car and searched it forever! The back up officer was talking with me gave me sobriety tests (ordered by the sheriff) found absolutley nothing. The 2nd officer asked if I would like to sit in his car b/c it was very cold and I accepted! the sheriff then came and talked to me asking me "so what else am I going to find?" Knowing that nothing was there to find told him to get a life. I went to get out of the car which was getting too warm and he told me to stay there. I told him I was not under arrest and I am claustriphobic and wanted back out and put my foot in front of the door. he kicked it out of the way and shut the door locking me in. after panicing and knocking on the window the other officer let me out. I met them all down at the sheriff's office with bail bonds man. while there my boyfriend was uncuffed b/c sheriff did not want to book him it would take to long and both played around and waited for the paper work to get finished for bond. asked us both for UA I said no bull crap! then He was being buds with us again now well after midnight 3+ hours and he got nothing. What rights do I have. I've never been in trouble and searching the car and trunk with both of us saying no. I want to file a complaint but I'm not sure where to start. sorry for the whole lotta writting but I'm so frustrated . any advice would be great
  #2  
Old 11-18-2005, 01:32 PM
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Join Date: Aug 2005
Location: St. Odo of Cluny Parish
Posts: 29,043
File a complaint with the internal affairs division of the cop department he works for.
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  #3  
Old 11-19-2005, 10:01 AM
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Join Date: Jan 2002
Location: california
Posts: 455
Quote:
Originally Posted by JMG9962
What is the name of your state? Idaho


my boyfriend over slept and missed his pre trial for driving on a suspended license. He called the court and the judge had already issued a warrant for arrest but the clerk said it was $50 with a bail bond and come in tommorow with it. because it was already after buisness hours(which in this small town were early that day). Within two hours I was driving with my boyfriend in the passenger seat and up rolled a sheriff which at one time was friend of my man's and family. he pulled us over and went straight to his door. shot the breeze for a while and when I asked why we got pulled over the sheriff said "b/c he is in the car."
a little upset that the warrant was brand new and the officer knew us and was driving by our friends house over and over like he was looking for him I got upset. after 1/2 hour or more of playing "maybe I should take you in!" He did. Then he took my boyfriend to his police car and came and talked to me told me to get ahold of bondsman. I got the number from the officer and was getting ready to go at which point he asked if he could search the car. I said no it is not my car it is my boyfriends and it tooks hours to clean up after they searched it last time when he was arrested for driving w/o privleges (1block from our house!)
I think that made him think something else so he went and asked my boyfriend back in the patrol car if he could search and later I found out that he also said no. The officer then asked me to get out of the car and searched it forever! The back up officer was talking with me gave me sobriety tests (ordered by the sheriff) found absolutley nothing. The 2nd officer asked if I would like to sit in his car b/c it was very cold and I accepted! the sheriff then came and talked to me asking me "so what else am I going to find?" Knowing that nothing was there to find told him to get a life. I went to get out of the car which was getting too warm and he told me to stay there. I told him I was not under arrest and I am claustriphobic and wanted back out and put my foot in front of the door. he kicked it out of the way and shut the door locking me in. after panicing and knocking on the window the other officer let me out. I met them all down at the sheriff's office with bail bonds man. while there my boyfriend was uncuffed b/c sheriff did not want to book him it would take to long and both played around and waited for the paper work to get finished for bond. asked us both for UA I said no bull crap! then He was being buds with us again now well after midnight 3+ hours and he got nothing. What rights do I have. I've never been in trouble and searching the car and trunk with both of us saying no. I want to file a complaint but I'm not sure where to start. sorry for the whole lotta writting but I'm so frustrated . any advice would be great

-As seniorjudge said, you can file a complaint with his department; but what is your complaint?

The search was legal due to the fact that your boyfriend was arrested. Case law allows an Officer to search a vehicle if someone is arrested inside it, regardless of consent. However; if you can not access the trunk from inside the vehicle (ie: a hatchback, etc) then searching the trunk may not have been legal.

THe Officer did nothing wrong in stopping you if he knew your boyfriend and knew that he had a warrant for his arrest. That is perfectly legal.


Tyris
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  #4  
Old 11-19-2005, 11:12 PM
Senior Member
 
Join Date: Jun 2005
Posts: 2,425
Get to court on time, then a bench warrant won't be issued.

Miss court, and cops can harass/stop you...it's their job.

Get to court on time -- what's so hard about that - why give someone/anyone power over you ????
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