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illegal stop and seizure

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M

miranda

Guest
i had a traffic stop in california, without propable cause they searched the car and then the trunk still without probable cause,he had no reason to stop or search,this took 3 hours,i was never told why i was stopped to begin with and not charged with any moving violations. my rights were not read to me at any point.
 


L

lawrat

Guest
You had a traffic stop -- what were you stopped for? It is the officer's discretion whether to give you a ticket or not for any traffic violation.

As to throwing around words like probable cause. If the officer truly stopped you for a traffic violation, he has the right to search your car if his reasonable suspicion has been confirmed. Otherwise, if his stop was merely a pretext and he had no reasonable suspicion to stop you, then I would say three hours amount to more than just a stop, but an unreasonable detainment. As such, arguablly, you were falsely imprisoned because you were behaving under police authority and believed you were not free to leave.

Well, join the rank and file of many people who are suing police departments in California for just such horrible behavior.

call your attorney and see what can be done. Did you get a badge number? A name? A division?


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