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was i illegally searched?

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mynameisflorian

Junior Member
What is the name of your state? Minnesota

First i'd like to say that after typing this post, this website asked me to login, (I was already logged in); and after logging in, it said that i did something wrong and my entire message was LOST! Anyway, I am going to rewrite a shorter description of what happened.


We are Legitamite business owners and were on our way to a music concert to sell our goods. We were pulled over because our tail-light was out. He (the cop) told us that he was going to bring his "drug dog" around the car and that the dog was going to scratch up our car, so we'd better tell him were our drugs were. We told him that we didn't have anything, and that we'd like to leave. He brought the dog around and kept signaling and snapping his fingers at our van. The dog never made a sound, but every time the officer signaled towards the car, the dog jumped up onto our vehicle.

He asked my girfriend (Driver) to get out of the car. He patted her down and talked to her for a minute. He then asked me to get out of the car. As soon as i got out of the car the cop just started sticking his hands in my pockets. (He did not even ask ot say he would!) I brushed his hand away, looked him in the eyes and said "NO!" He tried again, but this time when i brushed away his hand, he grabbed me by the wrist, twisted my arm, and SLAMED ME ON THE HOOD OF MY CAR. He forcefully searced me and found a small marjiuana pipe.

He then searched the car, and found my friends marjiuana pipe as well.

was I illegally searched?
 


smutlydog

Member
mynameisflorian said:
What is the name of your state? Minnesota

First i'd like to say that after typing this post, this website asked me to login, (I was already logged in); and after logging in, it said that i did something wrong and my entire message was LOST! Anyway, I am going to rewrite a shorter description of what happened.


We are Legitamite business owners and were on our way to a music concert to sell our goods. We were pulled over because our tail-light was out. He (the cop) told us that he was going to bring his "drug dog" around the car and that the dog was going to scratch up our car, so we'd better tell him were our drugs were. We told him that we didn't have anything, and that we'd like to leave. He brought the dog around and kept signaling and snapping his fingers at our van. The dog never made a sound, but every time the officer signaled towards the car, the dog jumped up onto our vehicle.

He asked my girfriend (Driver) to get out of the car. He patted her down and talked to her for a minute. He then asked me to get out of the car. As soon as i got out of the car the cop just started sticking his hands in my pockets. (He did not even ask ot say he would!) I brushed his hand away, looked him in the eyes and said "NO!" He tried again, but this time when i brushed away his hand, he grabbed me by the wrist, twisted my arm, and SLAMED ME ON THE HOOD OF MY CAR. He forcefully searced me and found a small marjiuana pipe.

He then searched the car, and found my friends marjiuana pipe as well.

was I illegally searched?
yes
Even if you gave him permission the search was not legal.He threatened to scratch your car if you didn't give concent .
 

BelizeBreeze

Senior Member
smutlydog said:
yes
Even if you gave him permission the search was not legal.He threatened to scratch your car if you didn't give concent .
Try again dufus.

The U.S. Supreme court has already weighed in on the use of Drug Dogs for non-intrusive searches.

The search using the dog did not require permission and the search of the person subsequent to the legal stop was also perfectly legal.

I suggest you try to learn something about the law before speaking.

And poster, the next time you slap at an officer's hands while he/she is conducting a lawful search, you run the risk of 'batter on a police officer' or at a minimum, resisting.
 

mynameisflorian

Junior Member
re...

although you seem like a jerk, you also seem to know what you are talking about(~11k posts). Can they really search the passenger of a vehicle even though he didn't do ANYTHING ? Also, i brushed the cop's hand, not slap; i applied gentle pressure to his hand and it moved out of it's intended path. And, the cop should tell me he's gonna touch me before he does, whether he has the legal obligation or not. He didn't even stick his hands in anybody elses pockets; just mine; he didn't even pat me down first. He just did it like he was in charge of me.
 

BelizeBreeze

Senior Member
mynameisflorian said:
although you seem like a jerk, you also seem to know what you are talking about(~11k posts). Can they really search the passenger of a vehicle even though he didn't do ANYTHING ?
Yes you did. You drove a car on the streets of the city while in violation of the traffic ordinance for that city.

Also, i brushed the cop's hand, not slap; i applied gentle pressure to his hand and it moved out of it's intended path.
And that is enough to sustain a charge of 'resisting' and battery.
And, the cop should tell me he's gonna touch me before he does, whether he has the legal obligation or not.
Should and could won't cut it. You have a driver's license. Therefore you know that when stopped you are to obey the officer and behave yourself. You did neither and precipitated this incident.
He didn't even stick his hands in anybody elses pockets; just mine;
Irrelevant.
he didn't even pat me down first. He just did it like he was in charge of me.
And of course, at the time he was. And a pat-down search can also retrieve anything found in the pockets .

I suggest you keep your car in legal working order and learn to keep your hands and your mouth to yourself.

If this had been a customer I know you would have acted differently, no matter how rude the customer had been.
 

smutlydog

Member
BelizeBreeze said:
Try again dufus.

The U.S. Supreme court has already weighed in on the use of Drug Dogs for non-intrusive searches.

The search using the dog did not require permission and the search of the person subsequent to the legal stop was also perfectly legal.

I suggest you try to learn something about the law before speaking.

And poster, the next time you slap at an officer's hands while he/she is conducting a lawful search, you run the risk of 'batter on a police officer' or at a minimum, resisting.
"Try again dufus."
You are such a nice guy. I bet you have a good relationship with your wife.

https://forum.freeadvice.com/showthread.php?t=272434
Plenty of other examples all over the internet. Just do a keyword search on yahoo and you will find lots of cases like this that were thrown out.The judge won't just look at the search. He or she will look at what led to the search.Any fair minded judge is not going to like the way this cop behaved in this situation.

The author of this thread should know that the advise you get here is usually from the prospective of law enforcement.
 
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smutlydog

Member
mynameisflorian said:
although you seem like a jerk, you also seem to know what you are talking about(~11k posts). Can they really search the passenger of a vehicle even though he didn't do ANYTHING ? Also, i brushed the cop's hand, not slap; i applied gentle pressure to his hand and it moved out of it's intended path. And, the cop should tell me he's gonna touch me before he does, whether he has the legal obligation or not. He didn't even stick his hands in anybody elses pockets; just mine; he didn't even pat me down first. He just did it like he was in charge of me.
Yea,
He really knows what he is talking about.Just look at the great advice he gave "Maynards Tool".
https://forum.freeadvice.com/showthread.php?t=272434
 

mynameisflorian

Junior Member
BelizeBreeze said:
Yes you did. You drove a car on the streets of the city while in violation of the traffic ordinance for that city.
No I didn't. I was a passenger in the vehicle.


BelizeBreeze said:
Should and could won't cut it. You have a driver's license. Therefore you know that when stopped you are to obey the officer and behave yourself. You did neither and precipitated this incident.
What are we trying to cut here? I never said that I have a drive's licence. I did behave myself; I was very respectful and nice to eveyone. And I even did evrything that the cops asked me. I did not provoke anybody. And no, unless i'm under arrest; nobody's in charge of me. The cop may require me to stay near by while investigating a potential crime; but at no time is he in charge!


And of course, at the time he was. And a pat-down search can also retrieve anything found in the pockets .
not always true. in the case of a terry stop the officer may pat you down for weapons, but may not stick his hands in your pockets unless he finds exactly that.

I suggest you keep your car in legal working order and learn to keep your hands and your mouth to yourself.
Again, If you actually were paying attention; I was a passenger. I refuse to keep my mouth to myself; no matter how much anybody wants me to be quiet and complacent.

If this had been a customer I know you would have acted differently, no matter how rude the customer had been.
you don't know anything about what i would do. If somebody is rude to me; I don't put up with it; regardless if it is a cop, a customer, or a local troll.


hmmm, it seem like "The more you post the more ignorant you look"
 

BelizeBreeze

Senior Member
mynameisflorian said:
No I didn't. I was a passenger in the vehicle.




What are we trying to cut here? I never said that I have a drive's licence. I did behave myself; I was very respectful and nice to eveyone. And I even did evrything that the cops asked me. I did not provoke anybody. And no, unless i'm under arrest; nobody's in charge of me. The cop may require me to stay near by while investigating a potential crime; but at no time is he in charge!




not always true. in the case of a terry stop the officer may pat you down for weapons, but may not stick his hands in your pockets unless he finds exactly that.



Again, If you actually were paying attention; I was a passenger. I refuse to keep my mouth to myself; no matter how much anybody wants me to be quiet and complacent.



you don't know anything about what i would do. If somebody is rude to me; I don't put up with it; regardless if it is a cop, a customer, or a local troll.


hmmm, it seem like "The more you post the more ignorant you look"
now I can see why you'll continue having problems throughout life.

Regardless of whether or not you were the driver, and I'll give you that one, the officer had every right to conduct a search for his/her own safety.

Your OWN actions preciptated this incident and you will never recognize that. So, go spend your own money to TRY and defend yourself because I am NOT buying it.
 

mynameisflorian

Junior Member
if the search was for safety, he should of patted me down, not stuck his hands in my pockets. (again, see terry stop) If standing up for myself is going to cause me problems, I'm more than ready for the fight. I know what you want and your not getting it. You will not win the war, we are awakening to your scam. I will not submit to your flawed system. I will not simply roll over and let you people sodomize me.

Your OWN actions preciptated this incident and you will never recognize that. So, go spend your own money to TRY and defend yourself because I am NOT buying it.
what actions !?! Telling somebody that i don't want them to touch me? I don't care who you work for, nobody's in charge of me, except me. And no, I think I'll spend YOUR money and defend myself, that way it doesn't matter if you "BUY" it or not. I'd rather a cop beat me to near death than submit to an illegal and unjust search. (cannabis illegalization is currently very uncostitutional). Put the doughnut down officer, and get your head out of your...

Oh, and your "I don't give handouts, but here's the finger" really shows the love and compassion you feel for your fellow man. Nice touch.
 
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BelizeBreeze

Senior Member
mynameisflorian said:
if the search was for safety, he should of patted me down, not stuck his hands in my pockets. (again, see terry stop) If standing up for myself is going to cause me problems, I'm more than ready for the fight. I know what you want and your not getting it. You will not win the war, we are awakening to your scam. I will not submit to your flawed system. I will not simply roll over and let you people sodomize me.



what actions !?! Telling somebody that i don't want them to touch me? I don't care who you work for, nobody's in charge of me, except me. And no, I think I'll spend YOUR money and defend myself, that way it doesn't matter if you "BUY" it or not. I'd rather a cop beat me to near death than submit to an illegal and unjust search. (cannabis illegalization is currently very uncostitutional). Put the doughnut down officer, and get your head out of your...

Oh, and your "I don't give handouts, but here's the finger" really shows the love and compassion you feel for your fellow man. Nice touch.
How old are you, 12?

you're a waste of time. Go spend some money and hire an attorney to listen to this crap.
 

mynameisflorian

Junior Member
Ok, so if anybody here is willing to help me (Rather than act like a jerk), would you please tell me if I am correct in thinking that the cop had no justification to assult and illegally search me. I don't think that cops are allowed to push people around. If he wanted to search me, he should have said so.

thank you...
 

Son of Slam

Senior Member
What a wussy!

First you let him feel up your girlfriend and then you let him push you around and take your pipe. Didn't you have a father who taught you how to defend yourself like a man? I'll bet your mom made you carry the covered dish to the rec. hall, huh?


*
 
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