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unlawful search

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R

royr

Guest
On the way back from a weekend in Mexico, I was pulled over at 3am by a Louisianna sheriff. He said my licence plate was dirty and he was unable to read it. He looked at the plate, asked for my licence, and asked where we had been. (My wife and a friend were with me.) I told him, and he asked if we had bought any prescription drugs, which we hadn't. We had one bottle of Kahlua, properly stamped and taxed at customs. He asked if he could "look around" in the back of the truck. Not seeing much choice in the matter, I agreed. He asked who my companions were, and then asked my wife (in the back seat) for her licence, which she showed him. He started looking through our few shopping bags and our luggage. Then he "asked" my wife and friend to get out of the truck so he could see what was in there. As we stood outside shivering, he rummaged through the inside of the truck. Afterwards , he said he was going to have his dog go over the truck "to save time." The dog did, but didn't seem too thrilled. The officer had to hold the dog's head to the truck so he would sniff; no reaction other than boredom that we could see. However, the officer claimed that the dog had "reacted" by the truck bed, so he ordered me to remove my spare from under the truck and then got his cordless drill to remove my bedliner. He found nothing, but he searched through the truck again and then apologized for the 90 minute "inconvenience". Then he got in his car and drove off, leaving us in the dark with the truck liner off and our bags scattered. Is this legal? And can we send him the bill for having our truck liner reinstalled? Not everyone who goes to Mexico is a crimainal; this hardly seems like probable cause for a search.
 


T

Tracey

Guest
It's legal because you consented to it. IF he stopped you for a dirty license plate, all he's allowed to ask about is if you knew it was dirty & direct you to clean it. He can't go on a fishing expidition trying to find drugs or illegal immigrants. Repeat after me: when the officer asks if s/he can search my car/house/bags, the answer is "No. You don't have probable cause. Get a warrant."

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!
 
H

hannah jo

Guest
You failed to say how long it was between when you were first stopped and when you were asked for consent to search. It is quite possible that your rights may have been violated - just because you consented doe snot mean the search was valid. Teh consent may have resulted from an illegal detention - meaning the officer may have been required by law to let you leave - and also may have had no reason to even ask for consent to search.
I would suggest you present this case to a civil rights attorney - you may have an issue here against the police for an illegal detention.

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Please note that these comments do not constitute legal advice. It is always recommended that you consult with a local attorney, who can explore all the facts and issues of your specific situation and then advise you of any legal rights and remedies you may have under the current laws of your jurisdiction.
 

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