Cop searched my uhaul just cause my tag light was dim.

[Mass_Shyster]

There's certainly an argument to be made that the consent was coerced. See Schneckloth v. Bustamonte, 412 U.S. 218, 228 (1973) ( "the Fourth and Fourteenth Amendments require that a consent not be coerced, by explicit or implicit means . . . . For, no matter how subtly the coercion was applied, the resulting 'consent' would be no more than a pretext for the unjustified police intrusion against which the Fourth Amendment is directed")

For the sake of argument, let's say the consent was coerced. What is your recourse?

If the police found evidence and charged you with a crime, that evidence should be suppressed (remember, I'm assuming there was no valid consent). Otherwise, you can sue the police for violating your Civil Rights. You would be entitled to damages plus attorney fees.

 

[HighwayMan]

The OP is not answering the question about whether drugs were found as a result of the search and why this question was posted under "drug charges".

 

[HighwayMan]

It sounds like the cop made that threat before the cop ran your license, so that probably had nothing to do with it. Maybe the guy was just having a bad day.

A license check does not result in a criminal history being run. There would be no easy way to know about a ten year old conviction unless the OP was still on parole or probation.

 

[not2cleverRed]

A license check does not result in a criminal history being run. There would be no easy way to know about a ten year old conviction unless the OP was still on parole or probation.

Depending on the town, it's possible the officer that pulled OP over was already familiar with OP's history.

 

[quincy]

What information is available on a police license and/or plate search can vary by state.

 

[HighwayMan]

What information is available on a police license and/or plate search can vary by state.

That's true, but in general criminal histories are not automatically run for a routine warrant or license check.

 

[FlyingRon]

That's true, but in general criminal histories are not automatically run for a routine warrant or license check.

They are in NC and I don't think we're unique in this information age. The officer knows before he approaches my vehicle if the owner has a criminal history and has (at least a NC) concealed carry permit. All done over the internet.

 

[NeilTheCop]

What is the name of your state? Texas. Got pulled over for tag light on uhaul being dim. The cop asked for id and insurance. I turn to my purse and just as i am about to touch my purse, he asked if I would step out of the truck. I comply and am led to the back of the truck. I get my drivers license out and the cop is asking for the combination to the lock on the back door. Said he pulled me over for the tag light being dim on a rented uhaul. But threatens me to cut the lock off if I don't hurry and give him the combination. By this time, there are several cops surrounding me. Me and several other people had been loading the truck for a few days with stuff a business was giving away. All the cops and businesses in the area new that business had been giving everything away for a few weeks to clear the warehouse.

Was it legal for him to treat me like that just because the tag light on the Uhaul was dim.

"Me and several other people had been loading the truck for a few days with stuff a business was giving away"
Alarm bells started ringing at that point.
What exactly was the business "giving" away?

 

[quincy]

They are in NC and I don't think we're unique in this information age. The officer knows before he approaches my vehicle if the owner has a criminal history and has (at least a NC) concealed carry permit. All done over the internet.

This is true in Michigan, as well.

 

[CdwJava]

That's true, but in general criminal histories are not automatically run for a routine warrant or license check.

If state regulations mirror NCIC's (and if they have access to NCIC - as they all do) then a criminal history must have both a right to kjnow and a need to know. You do not NEED to know a criminal history at a traffic stop, and in the states I am aware of also require case numbers to be pulled for criminal history checks. Now, a local check through agency or county databases, that's a different story. But state and national CORI files? If they're being run on a traffic stop, someone may be in big trouble!

 

[CdwJava]

They are in NC and I don't think we're unique in this information age. The officer knows before he approaches my vehicle if the owner has a criminal history and has (at least a NC) concealed carry permit. All done over the internet.

I strongly suspect that's a local history and NOT a CORI check.

 

[quincy]

The information is available on a license plate check in Michigan. The plate check is connected to a LEIN database.

 

[FlyingRon]

I strongly suspect that's a local history and NOT a CORI check.

And you'd be WRONG. Law enforcement has progressed in the last decade.

 

[quincy]

I don’t know if this link will work but I will give it a try anyway :

https://www.michigan.gov/msp/0,4643,7-123-3493_72291-294058--,00.html

Law enforcement agencies in Michigan have license plate screening capable of comparing plate information to LEIN and NCIC records.

 

[CdwJava]

And you'd be WRONG. Law enforcement has progressed in the last decade.

It's not about progress, it's about access and law/regulation. I'm not saying they DON'T access it, I just find it unusual and befuddling since NCIC has strict regulations on the matter and CLETS even stricter - which is why I would be certain that out-of-state NCIC criminal histories (accessed via III) are not included in any of these state hits. I guess the impact of the ACLU and other liberal politicians is not felt as keenly off the west coast since we CANNOT access it so easily. CORI (criminal offender records) are extremely restricted out here.

And, yes, screening plates through NCIC and state records is something different. Checking for wants and other hits on a vehicle is different than an individual's criminal history.