I was pulled over/blocked in and searched, car and body.

[DGOP]

I live in Essex County New Jersey. I was pulled over/blocked in at a red light. These plain clothed police, who I assume are narcotics officers rushed my car and bombarded me with "GET OUT OF THE CAR !!!" none stop. My first comment was.."license and registration". They didn't stop yelling get out of the car while their hands were placed on their weapons(I posed no threat). I got out of the truck and one of the three officers immediately jumped in the truck and searched it front to back. The office found an empty glove box and center console, after checking the front and backseats, he then looked over the backseats into the trunk physical moving cleaning products out of his way. Simultaneously I was search by another officer. I was never asked for Identification, but the officer eventually found my wallet while I was posted with my hands on the rear window. He searched my pockets, waistline, and then he physically himself, pulled the waist of my sweat shorts to visually look into the front of my boxers. The officer who was searching me mumbled “we thought the car was stolen”, I guess after seeing my ID mid body search and also noticing the keys in the ignition he must of felt he had to get it off his chest, also adding “you pulled off a little fast”. I wasn’t given a ticket or verbal warning, but the officer who searched the truck threatened that he would write me up on several violations while entering the car, after I said I had a clean driving record. After both searches were performed, I was free to go. The incident happened Friday September, 16, 2005 between 4 and 5 o’clock near a highschool and after school “hang out” area. I have been researching similar incidents so I would like to add that I am a 20 y/o blk male with dreads.

Also I filed a complaint Saturday the day after at 8 a.m. I am still waiting on a call.
I would appreciate your thoughts.

 

[chris86]

I was pulled over/blocked in and searched, car and body

Moving Vehicle/Probable Cause Doctrine--an automobile, truck, van, motorhome, boat, airplane or other movable object can be searched IF there is (a) probable cause (b) the vehicle is moving or about to be moved, and (c) a warrant cannot be readily obtained. Every part of the vehicle can be searched, including closed containers in the trunk, although special justification is needed for trunks. Diminished expectations of privacy are assumed to exist with moving vehicles.

Stop & Frisk Rule (Terry v. Ohio)-- a frisk or patdown of the outer clothing is NOT technically a search, but whenever police restrain a person’s freedom to walk away, a seizure has occurred. To frisk, police must have "reasonable suspicion" (not merely a can’t-put-into-words hunch) and the frisk must be for weapons only, unless under the plain feel exception. Furtive movements, inappropriate attire, carrying suspicious objects, vague answers to questions, refusal to identify oneself, and appearing to be out of place are all grounds for articulable suspicion. This has been extended to roadside stops, luggage, suspicion of narcotics possession (in many cases, also requiring a trained dog to establish probable cause). Often produces evidence other than weapons that come into "plain view", demonstrating the interrelationships among these precedents.

I looked these up for you...basically, the officers telling you that "we thought the car was stolen", was to explain their reasoning of "probable cause", coupled with them telling you that "you had pulled off rather fast". Yes, it's horrible that they did it, but the law has provided for it. If anything were in question, it would be the search of the trunk. I would contact the supervising officer for details regarding why You, in particular, were stopped. Did the car match the description of one stolen, and did you match the description of someone they were looking for? I don't blame you for being mad, but laws are put into place to protect the sometimes very-bad-judgment of law enforcement. Welcome to the United States.

 

[BelizeBreeze]

The only way the 'trunk' search of a TRUCK would come into question is if there were some type of locked or closed covering which would impeed public access. There is nothing in this post to indicate that such existed.

 

[DGOP]

You thoughts are aprecitated

With my researsh and knowledge of my incident, I find that the police performed at least three illegal acts. I suppose the area I was in has drug activity that they monitor, but they made a very big mistake of thinking that I was a part of it. Thinking a car is stole is not probable cause for search and I was pulled over and demanded to get out of my car, just short of gun point about ten second after leaving a convient store, and If they didn't like my driving they should have given me a ticket. I can accept a ticket, but I can not accept racial profiling, illegal search,and disordely conduct, among the other violations that my lawyer may find. Also my trunk was locked.

 

[chris86]

I was pulled over/blocked in and searched, car and body

Good point, belize...I saw that he mentioned that they searched the "trunk, from front to back"..then stated that he got out of the truck..the first time I saw "truck", I assumed it was a typo, since there are a couple of ref's. to a trunk. Even with a cap on the back, I think the same rule would apply, as if referring to a "trunk"...who knows...vagueness in the law usually errs on the side of the law...

 

[papercut]

With my researsh and knowledge of my incident, I find that the police performed at least three illegal acts. I suppose the area I was in has drug activity that they monitor, but they made a very big mistake of thinking that I was a part of it. Thinking a car is stole is not probable cause for search and I was pulled over and demanded to get out of my car, just short of gun point about ten second after leaving a convient store, and If they didn't like my driving they should have given me a ticket. I can accept a ticket, but I can not accept racial profiling, illegal search,and disordely conduct, among the other violations that my lawyer may find. Also my trunk was locked.

If you didn't get police names, ID's or anything your complaint won't go anywhere. These police will just agree on a story that keeps them out of trouble and then tell that to the judge who will believe them because he is a county employee also. You're not going to win a lawsuit on this one regardless of what the lawyer tells you. If they damaged your truck or injured you that would be different.