Are there any cops here? Three nights ago, I got pulled over by a county officer going 69 in a 65(he claimed he clocked me at 74, but I can read numbers just fine). I was driving my girlfriend's car(which is covered in band stickers). He took our IDs and ran them. We both have absolutely clean records. No tickets or anything. I'm 27 and she's 22, so that's a pretty good thing if you ask me.

Well, after sitting there for 20 minutes, I see a K-9 unit come flying up with his lights on. This guy called in a narcotics unit. Why? Her car is new, so it doesn't have a prior record of being caught with anything inside of it with a previous owner.

As anyone can assume, the dog jumped at the driver's side door(where we had a bag of chips rolled up and placed in) and they tore the car apart searching. They then seperated us and tried to get us to spill the beans on eachother, but both of us had the same plea: WE DONT DO DRUGS. We are both straight edge, so we don't touch anything.

In the end, they claimed they found a pot seed in the seat(it was a chip crumb) and let us go on a warning.

Here is my question: Did he have any real reason to call in a narcotics unit? Our records are clean and so is the car's history.

 

Band stickers= pot smokers.

You got profiled my friend.

 

Exactly my assumption. I could sue the county if I were inclined to do so. I think the warning was an 'apology' on their part, even if it weren't admitted.

The lifestyle that my gf and I have chosen protected us from police corruption, but I feel bad for others who aren't so lucky.

Anyone else have any input on this from a legal standpoint?

 

The thing is, you have nothing to sue for. If they, for some reason, have reasonable suspicion then they have every right to call in a K-9 unit to sniff around (and if you agreed to let said doggy sniff around and let the police search). You said it was during the night, right? How late? Usually the officers on the night shift are focused on making drug busts, so if they even have a little suspicion they can do it. It could also depend on HOW late and the area you were driving in at the time. If you're in an area the cops think is one with more of a drug problem in the evening, then they're going to be a little more suspicious. But yeah, they did nothing illegal that could be grounds for a lawsuit. You agreed to let the dog sniff the car, right? Then that's that.

 

No, we didn't consent to anything. They walked the dog around the car and asked us to step out. I was restrained and searched as the other officer tore the car apart. They couldn't touch my gf because no female officer was present.

Here's another kicker...the guy restraining/frisking me never pulled my pockets. Why?

 

That's a little odd that they didn't ask you if they could. Apparently they really had probable cause that you and your girlfriend had drugs, since then they don't really have to ask in that situation.

Just out of curiosity, how late were you out? And were you pulled over in a bit of a shadier part of town or something? Just those reasons (out really late, in a less nicer part of town) can be probable cause. Even something in plain view during the routine traffic stop that seems slightly suspicious can be grounds to call the K-9 officer.

Because when they frisk, they can usually feel something from touching outside of the pockets. He didn't feel anything suspicious, so he didn't have to pull them. If he pulled them without feeling anything suspicious, it's an unreasonable/illegal search (unless he asked if he could).

 

My pockets contained a bunch of change and dollars rolled up in a movie receipt, a cell phone, and a pocket knife. That could be anything.

I don't believe they believed we had drugs.

There was no propable cause. 'propably cause' in itself is a crime. It's based on racism and reckless assumption. Being black is propable cause in this country, as much as having stickers on my bumper.

 

That really shouldn't matter. Nevermind that some people work 2nd shift, some people are just night owls. Time of day isn't probable cause for jack.

Not to be too blunt, but are you? Were the officers? 'Cause that could add a whole other level to the story.

 

They're trained to know what to feel for, and if they dug in there just for the heck of it it's a violation of your privacy.

They most likely did enough to call the K-9 unit over. The officers out at night are more focused on busting people for drugs, not petty traffic violations.

Who knows what the officers thought was probable cause in that situation, but the truth is they did everything within their legal boundaries. You can refuse a search of your vehicle if for some reason it ever happens again, but if they still have enough probable cause they can get a warrant.

I'll be honest -- it can be judgmental towards people. Sometimes, unfortunately, some officers use race as a reason to pull people over. It's extremely unfortunate. But you were just in the wrong place at the wrong time.

 

I don't agree with it either, trust me, because I've been out and about at like 3-4am doing innocent things... but to some police officers, it's a person up to something possibly illegal. Let's say you're in a bad area late at night and a police officer sees you -- he could find something else (speeding violation, broken tail light, whatever) to pull you over for and do further searches.

An example: One of my friends was walking home and cut through a park at like 2am, and was confronted by about 5 officers who questioned, cuffed and searched him. The cops told him the park had a drug dealing problem at night, and so they wasted his time only to let him go. He was pissed, and I don't blame him (I'd be too) but it was just suspicion on the officer's part because he was out so late in a bad area.

 

Yep, all you can do is call up the county sheriff's office (and they're WAY more focused on busting drugs than say state police), and register a complaint. I hope you got the officer's names. Though IMO complaining doesn't mean shit if it isn't a "movement." I'm currently in the process of calling anyone and everyone about all the inspection points in my parish. I don't mind random/occasional stops, but not everyday at the same time and place.

Nevertheless, I would also like to know the time and the area you were in.

 

Yeah, sounds to me like they were fishing and didn't catch anything.

The officer should have asked to be allowed to search the car, rather than just doing it.

 

It was only 8 o'clock at night. We were heading home from the Watchmen.

The officers were never rude, but their tone did change quite a bit when they didn't find any drugs in the car. I've spoken to my cousin, who's the sister to the last Sheriff and he says they had no right to do that if I didn't have something in my record or any visible signs of intoxication.

 

I'm thinking the dog sniffing around of the car and then jumping at the door gives the officers a right to search without asking. I thought it was a little odd before, but I'm thinking that's the reason why.

 

Not to be an ass here, but if they didn't damage the car, what's the problem? If you do everything the officer said then there should be no problems if no drugs were found. You got pulled over, it's not the end of the world.

 

I'd still register a complaint for the very fact that they pulled the we found a "pot seed," but are letting you go with a "warning" bullshit. They were wrong. They should have been men about it and apologized to you and your GF. Especially after trying to get you to rat each other out.

 

Because I have a right to be out of my home after dark without being harassed and put through mental distress.

How can you just take your rights for granted?

 

Which one of your rights were violated? When i was a young punk, I would get harassed by the cops all the time, but usually because i was doing something i wasn't supposed to be in the first place. If you wouldn't have been speeding you wouldnt have been pulled over and searched.

 

cops don't need to asked to search if the dog small something. What can I say...cops are assholes!!!