Searched Illegally?

[ryan1234]

My state is Iowa

Heres the problem I was driving around with some of my friends in my town and I was going a little fast(45 in a 25). We got pulled over by a cop who new my reputation(I don't have a good rep in my town) he told me I was speeding and started writing out a ticket when one of my friends mouthed off to him. He went back to his car without even saying anything to us and about 2 minutes later 4 more cops show up. They tell us to get out of the car. We are all under 18, me being the oldest at 17 and they tried to search us which we didn't disagree with or anything. Then the cop that pulled me over said he was going to search the car. I told him it was ok with me because I didn't have anything in the car. This is where everything went bad. About 10 minutes into the search one of the cops ripped up my flooring in my car saying I could have hid something under it. My friends and I starting yelling when they ripped it up because they just pretty much tore a spot in the flooring of the car.

My question is was it legal for them to actually cause damage to my car while searching it? If so what should I do? Also because we started yelling at the cops when they ripped up the carpet the one who pulled me over gave us all disturbing the peace and interfereing with official police matters. Can I do anything about this also considering I was trying to protect my property from being damaged?

 

[CdwJava]

Heres the problem I was driving around with some of my friends in my town and I was going a little fast(45 in a 25).

A "little fast"? Sounds pretty fast for a residential city street to me!

We got pulled over by a cop who new my reputation(I don't have a good rep in my town)

Your bad.

he told me I was speeding and started writing out a ticket when one of my friends mouthed off to him. He went back to his car without even saying anything to us and about 2 minutes later 4 more cops show up.

Be sure to thank your 'friend' for his help.

They tell us to get out of the car. We are all under 18, me being the oldest at 17 and they tried to search us which we didn't disagree with or anything.

They have a right to conduct a pat-down for weapons if they are removing you from the car. And since nobody objected, they might even be able to claim that they had tacit consent.

Then the cop that pulled me over said he was going to search the car. I told him it was ok with me because I didn't have anything in the car.

In the law, this is called "consent". This makes the search of the car perfectly lawful.

This is where everything went bad. About 10 minutes into the search one of the cops ripped up my flooring in my car saying I could have hid something under it.

"Ripped" up? As in permanently destroyed?

If so, it sounds like you have a good claim for damages against the officer's agency.

My question is was it legal for them to actually cause damage to my car while searching it?

With cause? Sure. However, even with good cause they can be held liable for the damages. Thus a claim for damages needs to be submitted to the agency as well as a personnel complaint. If they fail to comensate you for the damages, then you could take them to court ... presumably small claims court.

Also because we started yelling at the cops when they ripped up the carpet the one who pulled me over gave us all disturbing the peace and interfereing with official police matters.

It just gets better and better.

Can I do anything about this also considering I was trying to protect my property from being damaged?

Yelling, cursing, or whatever is not protecting your property. If you have a criminal charge, you first need to defend against that. THEN, deal with the civil complaint about the damages.

- Carl

 

[masterjester]

messed up cops

i agree with carl,
thank your friend for the mess that you got into but yeah little fast that is 20 over and points on your liscence but as for the damage they did you can take them to small claims court what i suggest you do is take the car to get fixed get about the exact amount and have them pay you for that. and yes because your yelling at a cop he can do almost anything that he wants in a way. if you say "what" to a cop if he wanted to be a pain he could get you for not obeying the orders of a police officer. but when you get pulled over just be as nice as possible with the cop and tell your friends to shut up. that is where it went wrong is when your friend opened up his mouth. you could of been out of there in 15 minutes but i suggest you hang out with different people.