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I was searched for no apparent reason... is this legal now?


I was driving with my wife heading towards the freeway to go downtown last Friday morning. My wife had just gotten my sunglasses from the glovebox and handed them to me, when to my astonishment a cop made an abrubt maneuver to get behind me and pulled me over.

Now, I'm 50 years old so I'm obviously not A kid, I havn't ever been arrested and havn't even gotten a ticket in years.

The cop asked me for my license, registration and proof of insurance which I quickly handed him. I asked why I was pulled over and his partner said "they thought they saw my wife stuffing something into the heater vent"... WHAT? She was getting me my glasses and the case was still on the dash!

He ran my license and I HEARD the dispatcher come back "NO Wants or Warrants", He then proceeded to ask for my wifes license and ran her, the same thing was returned. He then proceeded to pull me out of the car holding my hands behind my back as if I was a criminal and asked if I was carrying any weapons? He proceeded to frisk me in a very physical way. He then had me place my hands on his 120 degree hood and asked my wife to also step out of the car. I asked, "Am I being Arrested?" and both officers came back with a NO while the initiating officer asked "Should you be arrested?" with a bit of joyful sarcasm.

Then came the big one... can we search your car? I was already jolted by this whole experience but courteously said of course. After 25 minutes of searching everything they handed my wife our cards and said thanks. The initiating officer was openly dissappointed that he couldn't find anything. What a load of crap this was, we felt threatened and abused and there was never a clear reason other then because they could.

The problem I'm having with this is that 1) I'm a clean cut adult heading towards retirement 2) I wasn't breaking any laws when I was pulled over 3) Their excuse for pulling me over was so weak it wouldn't hold water in a court 4) I have NEVER been pulled out of my car and frisked, EVER!

There was something wrong with the whole deal and smacked of breaking my civil rights. I always thought there had to be probable cause and not just a canned response to justify illegal actions. Do you agree or is it just me?

Thanks

Yes, in hindsight I should have refused them the search and demanded a field supervisor. I should have known, I've watched enough COPs, sigh.

welcome to the real world. better get used to it. i'll let the porkers try to explain how they were doing their job and looking out for their safety, then i'll get back to you and tell you about the constitution that THEY use and home-land security.
i've had a lot of cars, where is this vent located that you can stuff something down?? HMMMMMMM

You ran into a couple of cops with a bully mindset and time on their hands.

You should have denied them permission to search your car and asked that they contact their lieutenant and arrange for him to come on-scene.

That would have let them know that funtime was over.

WOW!, that cop has a problem and was way over zealous. I would file a complaint too. That was toooooo much.

File a complaint and sue.

I completely agree. My aunt and various friends of mine are police officers and the ones that pulled you over did not have probable cause whatsoever. Not to mention, there was no reason to search your vehicle after your record came back clean.

I agree that this was in violation of your rights. File a formal complaint against them and maybe you can get some answers or at least put them on alert. I am so sorry you and your wife were subjected to this.

Yes, I agree. Filing a complaint with their commanding officer might get some results and it might get you stopped again.

Never agree to a search of your car. You cannot stop them if they insist, but if you do not agree to the search and they search, they have to come up with probable cause for that search.

Believe it or not, stuffing something down a vent in your own car is not illegal. A little weird, perhaps, but not illegal. Seeing that happen is not a reason to stop you either.

There may have been an anonymus call put in involving your car or it may have been reported stolen or looked like one that had been reported stolen. Sounds like it was just a precaution, but it also could depend on what state you are in.

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