What is the name of your state? West Virginia
On Friday September 8 th, 2006 I left my work place for lunch at 9:00 P.M.
Around 9:30, returning from lunch I encountered a Police checkpoint at the entrance of my work place. I was in my mother's car. (Borrowed due to some mechanical problems with my personal vehicle).
When asked to provide my DL, Registration, and Proof of insurance, I was unable to provide proper registration. The tags were dead by 8 days, and unfortunately the insurance policy had lapsed. I knew the tags were dead, but due to both time and financial factors I had not renewed the tags for my mother. ( I do 99.9% of all of her errands for her). I was asked to pull over while they ran my licensce. After 30 minutes or so he came back with a citation for A: No Insurance (17D-2A-3 WV Code, 1931 As Amended). B: Reg. Card Not Carried (17A-3-13 WV Code, 1931 As Amended)
After I signed the Citation, I was asked to get out of the vehicle and then asked if I had anything illegal on me or in the car, and (being fully cooperative) I said "No, You're welcome to search" to which the Officer that issued the citation said somethng like " Oh, I'm going to, trust me." I was asked to turn around and was frisked. ( at the entrance of my work place mind you) As the Officer performed the "Search" on me I explained to him what it was he was feeling in my pockets in an effort to be as cooperative as possible. I also offered to empty my pockets as well. After the search on me, he searched my personal bag, and then finally my mother's car. Of course, the search turned up nothing. And It never was stated what he was searching for, or Why he felt a search was warranted. I am a white male, I live in a nice neighborhood, I have 4 kids, and I like to think I am a decent person. I know that he didn't smell alcohol, or marijuana on me. There were no open containers in the vehicle, and I purposely went out of my way to not appear as a threat to their safety, keeping my hands in plain view the entire time. The only thing I could even fathom I would be searched for is having long hair. Even though It is, IMHO, pretty suave.
After the search, I was told to leave the keys, and that I could walk back to work. They told me a wrecker had been called, so I left. However, they left my mother's car by the side of the road, unlocked, unattended, and with the keys in the front seat. Which the wrecker owner had no idea was there as he told me there were no keys in the vehicle when I went to gather a few personal things today.
Let me also explain that I DO have valid coverage on my personal vehicles, and was listed on my mother's Geico account when the policy was in effect, however, the Geico rep that I spoke to the night of the incident was not authorized to give me any information, nor was I allowed to handle any account business. The Rep did however explain to me that there was no problem issuing another policy if she would contact them.
One last bit of background information.... My hometown currently has one Officer that has recently been arrested for several different violations, with talk of a more wide spread investigation....and 12 years ago Officers of this town searched my mothers home, and her guests without a warrant, beating her severly in the process. They then tried to pressure her into signing a relase by pressing charges, which she was quiclky found not guilty of by a jury.
I am aware of the penalty for having no insurance on a vehicle, and I am prepared to pay for my infraction if the magistrate isn't willing to work with me.....however.....
Here are my questions:
1) Was my search legal? (If not, Why?)
2) What area of government is responsible for protecting me from this, if infact what happened was wrong?
3) Can I request resumes, or a list of training/qualifications for the officers of my home town? How should I do this?
4) I know that some Police agencies record stops on video and audio. Can I request copies of any recorded material that may have been taken?
4) If I personally did have a valid Auto policy in effect at the time of the stop, though not on the car I was driving, does that policy cover me in cars I drive as well?
Any help will, ofcourse, be appreciated.
On Friday September 8 th, 2006 I left my work place for lunch at 9:00 P.M.
Around 9:30, returning from lunch I encountered a Police checkpoint at the entrance of my work place. I was in my mother's car. (Borrowed due to some mechanical problems with my personal vehicle).
When asked to provide my DL, Registration, and Proof of insurance, I was unable to provide proper registration. The tags were dead by 8 days, and unfortunately the insurance policy had lapsed. I knew the tags were dead, but due to both time and financial factors I had not renewed the tags for my mother. ( I do 99.9% of all of her errands for her). I was asked to pull over while they ran my licensce. After 30 minutes or so he came back with a citation for A: No Insurance (17D-2A-3 WV Code, 1931 As Amended). B: Reg. Card Not Carried (17A-3-13 WV Code, 1931 As Amended)
After I signed the Citation, I was asked to get out of the vehicle and then asked if I had anything illegal on me or in the car, and (being fully cooperative) I said "No, You're welcome to search" to which the Officer that issued the citation said somethng like " Oh, I'm going to, trust me." I was asked to turn around and was frisked. ( at the entrance of my work place mind you) As the Officer performed the "Search" on me I explained to him what it was he was feeling in my pockets in an effort to be as cooperative as possible. I also offered to empty my pockets as well. After the search on me, he searched my personal bag, and then finally my mother's car. Of course, the search turned up nothing. And It never was stated what he was searching for, or Why he felt a search was warranted. I am a white male, I live in a nice neighborhood, I have 4 kids, and I like to think I am a decent person. I know that he didn't smell alcohol, or marijuana on me. There were no open containers in the vehicle, and I purposely went out of my way to not appear as a threat to their safety, keeping my hands in plain view the entire time. The only thing I could even fathom I would be searched for is having long hair. Even though It is, IMHO, pretty suave.
After the search, I was told to leave the keys, and that I could walk back to work. They told me a wrecker had been called, so I left. However, they left my mother's car by the side of the road, unlocked, unattended, and with the keys in the front seat. Which the wrecker owner had no idea was there as he told me there were no keys in the vehicle when I went to gather a few personal things today.
Let me also explain that I DO have valid coverage on my personal vehicles, and was listed on my mother's Geico account when the policy was in effect, however, the Geico rep that I spoke to the night of the incident was not authorized to give me any information, nor was I allowed to handle any account business. The Rep did however explain to me that there was no problem issuing another policy if she would contact them.
One last bit of background information.... My hometown currently has one Officer that has recently been arrested for several different violations, with talk of a more wide spread investigation....and 12 years ago Officers of this town searched my mothers home, and her guests without a warrant, beating her severly in the process. They then tried to pressure her into signing a relase by pressing charges, which she was quiclky found not guilty of by a jury.
I am aware of the penalty for having no insurance on a vehicle, and I am prepared to pay for my infraction if the magistrate isn't willing to work with me.....however.....
Here are my questions:
1) Was my search legal? (If not, Why?)
2) What area of government is responsible for protecting me from this, if infact what happened was wrong?
3) Can I request resumes, or a list of training/qualifications for the officers of my home town? How should I do this?
4) I know that some Police agencies record stops on video and audio. Can I request copies of any recorded material that may have been taken?
4) If I personally did have a valid Auto policy in effect at the time of the stop, though not on the car I was driving, does that policy cover me in cars I drive as well?
Any help will, ofcourse, be appreciated.
