illegal unecessary search

[dantea28]

What is the name of your state? New Jersey

Hi, my boyfriend was trying to pick me up from my house this morning, and I was asleep. As a result he ended up waiting outside of my house for a few hours in his car. A neighbor called the police, and the police came, questioned him, and searched his car without his permission or any reasonable suspiscion. When he inquired as to the legality of the search, the officer in question responded by saying something like "Where did you hear that? CSI?" They searched the front of his car, including the glove compartments, completely without his permission. We went to the police department shortly thereafter and filed a complaint (which, unfortunately, was with one of the officers present at the incident). And have to return in a few hours to formally sign it or something like that. My question is, is there any other action we can take? Or should we just leave it at the complaint?

[ENASNI]

Originally Posted by dantea28

What is the name of your state? New Jersey

Hi, my boyfriend was trying to pick me up from my house this morning, and I was asleep. As a result he ended up waiting outside of my house for a few hours in his car. A neighbor called the police, and the police came, questioned him, and searched his car without his permission or any reasonable suspiscion. When he inquired as to the legality of the search, the officer in question responded by saying something like "Where did you hear that? CSI?" They searched the front of his car, including the glove compartments, completely without his permission. We went to the police department shortly thereafter and filed a complaint (which, unfortunately, was with one of the officers present at the incident). And have to return in a few hours to formally sign it or something like that. My question is, is there any other action we can take? Or should we just leave it at the complaint?

I Would leave it.. Neighbor was nervous... thought your boyfriend was casing the joint... that was the reasonable suspicion..

Maybe Lawgirl or Carl the cop will come and shed more light on this for you.

How would you feel if you called a cop and they didn't respond if you were nervous?...hmmm
Where did your boyfriend hear about that then... Law and Order?

[LawGirl10]

Originally Posted by dantea28

What is the name of your state? New Jersey

Hi, my boyfriend was trying to pick me up from my house this morning, and I was asleep. As a result he ended up waiting outside of my house for a few hours in his car. A neighbor called the police, and the police came, questioned him, and searched his car without his permission or any reasonable suspiscion. When he inquired as to the legality of the search, the officer in question responded by saying something like "Where did you hear that? CSI?" They searched the front of his car, including the glove compartments, completely without his permission. We went to the police department shortly thereafter and filed a complaint (which, unfortunately, was with one of the officers present at the incident). And have to return in a few hours to formally sign it or something like that. My question is, is there any other action we can take? Or should we just leave it at the complaint?

I would like to hear more about what happened, possibly from your boyfriend. I'm guessing that more happened than just: police came, questioned him and searched the car without his permsision or any reasonable suspicion. I would like more details from the time the police arrived to the time they finished searching the car.

[dantea28]

He had been sitting outside for about an hour and a half. There were cars parked in front of my house, so he had to park a block away. The police came, asked him what he was doing, why he had been out there for so long, etc. He had been trying to call me on my cell phone, and, being asleep, I didn't answer. They asked him a few questions about me (name, age, where did we meet, how long have you known her, are you her pimp, are you selling drugs, the p***y isnt good in pennsylvania? ). They then asked him to get out of his car, and face front, put his hands on their car while they frisked him. While this was going on, the second officer went to search his car without saying anything to him. He looked over his shoulder and said "I thought you weren't allowed to search my car without my permission", and the officer said the CSI comment, and also "If I was searching your car all your doors would be open" (He only searched the front. They made him stand outside of his car in the cold, didn't let him try to call me, didn't try to come to my door (about a block down the street) to verify, and didn't try to call me themselves. After they searched his car a Lieutenant showed up (Incidentally the same one we had to file the report with -- i hate small police departments), and they kept questioning him. "Where are you from? Are you Mexican? No? What do you mean you're American? Of what descent? Where's your girlfriend from?" etc. At which point I finally woke up, called him (they passed the phone to him because they were holding his cell phone), and he asked me to come downstairs and help him out. When I opened the door the police asked me if I knew him, what his name was, how long I had known him, if my parents knew he was coming (I'm not a minor, and I said that), etc. They said a neighbor called the cop, and they were a bit concerned because he said he doesnt have a job, and he was dressed a bit scruffily (he was in sweatpants and old shoes, since most people would prefer not to be in fancy evening attire during a two hour drive from Pennsylvania to New Jersey), so they were worried. After I confirmed his identity for them they left, and he came in the house, told me what happened, and we went down to the police station to file a report.

[ENASNI]

Dis is getting verrryy interesting...
Out of State plates hmmm
Can't wait to hear what comes next from the mouths of the people in the know... Gonna get a sody-pop... hold my seat.

Originally Posted by dantea28

What is the name of your state? New Jersey

Hi, my boyfriend was trying to pick me up from my house this morning, and I was asleep. As a result he ended up waiting outside of my house for a few hours in his car. A neighbor called the police, and the police came, questioned him, and searched his car without his permission or any reasonable suspiscion. When he inquired as to the legality of the search, the officer in question responded by saying something like "Where did you hear that? CSI?" They searched the front of his car, including the glove compartments, completely without his permission. We went to the police department shortly thereafter and filed a complaint (which, unfortunately, was with one of the officers present at the incident). And have to return in a few hours to formally sign it or something like that. My question is, is there any other action we can take? Or should we just leave it at the complaint?

There was reasonable suspicion (according to you): "Hi, my boyfriend was trying to pick me up from my house this morning, and I was asleep. As a result he ended up waiting outside of my house for a few hours in his car."

When the cops got there, then the facts get a little fuzzy since you do not give them all.

Apparently, he was arrested for something and did something that caused the cops to do a search incident to an arrest.

You, however, would have to give us all of the facts before we could comment further.

Originally Posted by dantea28

He had been sitting outside for about an hour and a half. There were cars parked in front of my house, so he had to park a block away. The police came, asked him what he was doing, why he had been out there for so long, etc. He had been trying to call me on my cell phone, and, being asleep, I didn't answer. They asked him a few questions about me (name, age, where did we meet, how long have you known her, are you her pimp, are you selling drugs, the p***y isnt good in pennsylvania? ). They then asked him to get out of his car, and face front, put his hands on their car while they frisked him. While this was going on, the second officer went to search his car without saying anything to him. He looked over his shoulder and said "I thought you weren't allowed to search my car without my permission", and the officer said the CSI comment, and also "If I was searching your car all your doors would be open" (He only searched the front. They made him stand outside of his car in the cold, didn't let him try to call me, didn't try to come to my door (about a block down the street) to verify, and didn't try to call me themselves. After they searched his car a Lieutenant showed up (Incidentally the same one we had to file the report with -- i hate small police departments), and they kept questioning him. "Where are you from? Are you Mexican? No? What do you mean you're American? Of what descent? Where's your girlfriend from?" etc. At which point I finally woke up, called him (they passed the phone to him because they were holding his cell phone), and he asked me to come downstairs and help him out. When I opened the door the police asked me if I knew him, what his name was, how long I had known him, if my parents knew he was coming (I'm not a minor, and I said that), etc. They said a neighbor called the cop, and they were a bit concerned because he said he doesnt have a job, and he was dressed a bit scruffily (he was in sweatpants and old shoes, since most people would prefer not to be in fancy evening attire during a two hour drive from Pennsylvania to New Jersey), so they were worried. After I confirmed his identity for them they left, and he came in the house, told me what happened, and we went down to the police station to file a report.

Ah! Okay, so the cops checked out a suspicious character who was in your neighborhood but did nothing to him after they found out he was your boyfriend.

What is your question?

[CdwJava]

Your question being what other action you CAN take? Well, you CAN hire an attorney if you have enough dough and see if you can win the lawsuit lottery for an alleged civil rights violation. However, with just what you wrote, I don't see it. But if you have the money, go right ahead.

His situation was VERY suspicious. A strange person ... parked on the street late at night or early morning ... for hours ... nobody knows him ... and he is dressed on the casual side. Hmm ... could be a stalker, could be a burglar casing a place, could be an angry boyfriend or husband waiting to take out his cheating ex ... who knows? Apparently the neighbor was freaked out enough by it to call the cops, and the cops just found the whoel thing to be a tad weird.

And searching the area where he had been seated is perfectly reasonable during a detention ... did he have a gun? A knife? Binoculars? They might want to know that. And if he didn't have ID on him, then that would be a reasonable place to look for a ditched wallet. And who ditches ID? Wanted people.

Anyway, I see a lot of reasons to detain and question this guy. If HE (not you - as you are not a party to the matter) wants to get an attorney to look at a lawsuit, I am sure that an attorney will be happy to take his money. However, as it stands, I'd say a complaint is about as far as it goes ... and even that is going to be weak.

Maybe next time he can call ahead so you can wait up.

- Carl

Originally Posted by dantea28

What is the name of your state? New Jersey

Hi, my boyfriend was trying to pick me up from my house this morning, and I was asleep. As a result he ended up waiting outside of my house for a few hours in his car. A neighbor called the police, and the police came, questioned him, and searched his car without his permission or any reasonable suspiscion. When he inquired as to the legality of the search, the officer in question responded by saying something like "Where did you hear that? CSI?" They searched the front of his car, including the glove compartments, completely without his permission. We went to the police department shortly thereafter and filed a complaint (which, unfortunately, was with one of the officers present at the incident). And have to return in a few hours to formally sign it or something like that. My question is, is there any other action we can take? Or should we just leave it at the complaint?

Carl, read this again...I think she was the inside gal and he was the lookout.

[CdwJava]

Don't know about that ... but parking a block away from a house that has only a few cars in front of it seems very odd.

I would only park a block away if I was trying to hide from something ... or someone ... like mom, dad, boyfriend, or husband.

- Carl

[ENASNI]

I just love watching you people in action... better than Law and Order anyday...


Sorry Lenny..RIP.