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Are cops allowed to do this?

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Wellbank101

Junior Member
What is the name of your state?Ohio

im bowling with some friends at the st clair lanes and I happened to see a sheriff drive by outside(I did not know sheriffs could patrol private property in ohio?) anyways its 1am and my friends are the only ones left so we leave and its snowy and icey out. I have a rear wheel drive mustang and I start my car up and hit the gas and I do a "doughnut". Before I know it 2 sheriffs are behind me with the spotlights on me....one asks me for an ID and comes back a few minutes later and asks me to get out of the car. He asked me if I had any drugs on me and made me put my hands on my car and he searched me. After he finished, his last attempt was to rip my hat off and look in it, keep in mind im only 20 I was not drunk or under any influence nor did they ever ask me if I was under the influence. After this I sat in his car while a k9 unit came, they searched around my car with the k9 again finding nothing. still the sheriffs werent satisfied and they began searching the interior of my car. My question is all I basically did was a half doughnut because my car spun out.....did they break any laws by doing all of that unnecessary stuff to me? I had my seatbelt on and was being curtious.....I hope you guys have an answer because they expect me in court on a day I have my real estate law class.(if I miss 15 mins of class I automatically fail, and the class overlaps court and is 2 hours away....) they did not ask if they could search my car, and they did not ask to see proof of insuranse either! I was charged with a Reckless Operation....Someone please help me, ive never been treated with such disrespect in my life!

Jerad
 


Wellbank101

Junior Member
but still, they had no reason to pull me out of the car. I did in no way appear high or drunk.....I just dont believe an officer can get away with this stuff, they forced my gf and her friends to leave in their car while they searched mine....on private property...the cop made a comment that i had $310 in my pocket and I guess that was his probable cause?
 

BelizeBreeze

Senior Member
Wellbank101 said:
but still, they had no reason to pull me out of the car. I did in no way appear high or drunk.....I just dont believe an officer can get away with this stuff, they forced my gf and her friends to leave in their car while they searched mine....on private property...the cop made a comment that i had $310 in my pocket and I guess that was his probable cause?
His 'probable cause' was you committing a crime albeit traffic infraction. Him "pulling' you out of the car has nothing to do with his right to do a cursory search of the vehicle upon your exit.

Grow up kid. You play the game and you pay the price.
 

Happy Trails

Senior Member
[§ 4511.20.2] § 4511.202. Operating vehicle without reasonable control.

(A) No person shall operate a motor vehicle, trackless trolley, or streetcar on any street, highway, or property open to the public for vehicular traffic without being in reasonable control of the vehicle, trolley, or streetcar.

(B) Whoever violates this section is guilty of operating a motor vehicle without being in control of it, a minor misdemeanor.

The real problem you have is the conflict with the test you need to take and the time you need to appear in court.

I'm not sure if it is even a possibility to get the court date changed. If you do not attend they will put out a warrant on you.

You should check with your teacher and see if you can make up the time you need to be gone. I would do this ASAP. I can't see why they wouldn't try to work it out with you; since some things happen that people have no control over.
 

Wellbank101

Junior Member
here is the kicker.....I called the court and they tell me that there is only court on fridays and the cop wrote my ticket for a wednesday. They could not figure out why the cop would do this so they told me they would call the sherifs office and tell them they cant do what they did.......they changed my court date on a friday.....my question is I have heard that if they mess up anything on your ticket, in this case the date, that they can throw the whole charge out of court....? what would be my best thing do do when I go to court?? thanks for the help....

Jerad
 

BelizeBreeze

Senior Member
Wellbank101 said:
here is the kicker.....I called the court and they tell me that there is only court on fridays and the cop wrote my ticket for a wednesday. They could not figure out why the cop would do this so they told me they would call the sherifs office and tell them they cant do what they did.......they changed my court date on a friday.....my question is I have heard that if they mess up anything on your ticket, in this case the date, that they can throw the whole charge out of court....? what would be my best thing do do when I go to court?? thanks for the help....

Jerad
The best thing to do is stop trying to get cute and take responsibility for your own actions.

If there is a material fact mistake on the ticket the only thing the judge is going to do is ask the officer if the information is correct and when the officer admits he made a mistake and tells the judge the right information, the judge will change it on the ticket.

It's not a way out of your screw-up. So it's time to grow up.
 

Wellbank101

Junior Member
Who said I was being cute? I came here for advice not your opinion of me. I just want to be fully prepared when I go into the court room so I dont look like the average person. I am taking responsibility for my actions. Only thing I was curious about was if they could search my car without my permission. thanks for the help minus your comments about me.

Jerad
 

jc2004

Junior Member
Yes they had the right

Sorry to say it Jarod but they clearly ticketed you with a fair offense. You wouldn't have done a "half cookie" if you were not screwing around a bit. Once they have you pulled over for an offence, regardless of wether they are right or not, they can search your vehicle. In general, most police and judges would agree that anyone doing cookies in a bowling alley parking lot at 1AM gives them enough probable cause to suspect drinking or drugs. If they ticket you for something they find in your car and you prove they ticketed you improperly, you may have a resonable complaint about the search but they apear to have a valid reason and they didn't find anything in their search. Therfore, you need to accept it and deal with it.
 

Wellbank101

Junior Member
ok. I just did not know know that was probable cause. Now I am totally informed on this issue, thanks for the help(and being polite about it). I found it kind of funny that they went through all that trouble but never once asked if I was under and kind of influence, that would have been my first question if I was a police officer. Anyways, my court date has been moved to Feb 4th, ill post what happens....

Jerad
 

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