USAC Banner 728x90

Collapse

Announcement

Collapse
No announcement yet.

Hello! I am new and have a possible 4th amendment issue

Collapse
X
  •  
  • Filter
  • Time
  • Show
Clear All
new posts

  • Hello! I am new and have a possible 4th amendment issue

    My brother and I were out drinking at the bar on the 22th of June. We got home around 2:30 in the morning and as we were sitting outside my house talking, a police officer quickly pulled up next to my brothers Tundra and started shining his light into his truck. We called out to him and asked what he was doing. He responded by asking us if the vehicle belonged to us. We replied that it did. When we said it was ours, he opened up the door and started to rummage through my brothers truck! We said what the hell do you think your doing!?! He said ( verbatim ) ,"I can do what ever the **** I want." My brother shouted at him that he was violating our fourth amendment right. As soon as the officer heard this, he quickly jumped into his car and sped off. It all happened in a matter of minutes and left us shocked and outraged! We called a supervisor over and told him the story. The supervisor said that the officer saw a altoids can on the center console and thought there was coke in there (lmfao). Is this probable cause to search a vehicle? There is some more minor details, but that is the lions share of it. Please respond and help out a bit. Thanks.

  • #2
    Re: Hello! I am new and have a possible 4th amendment issue

    Originally posted by Tdiddy101 View Post
    My brother and I were out drinking at the bar on the 22th of June. We got home around 2:30 in the morning and as we were sitting outside my house talking, a police officer quickly pulled up next to my brothers Tundra and started shining his light into his truck. We called out to him and asked what he was doing. He responded by asking us if the vehicle belonged to us. We replied that it did. When we said it was ours, he opened up the door and started to rummage through my brothers truck! We said what the hell do you think your doing!?! He said ( verbatim ) ,"I can do what ever the **** I want." My brother shouted at him that he was violating our fourth amendment right. As soon as the officer heard this, he quickly jumped into his car and sped off. It all happened in a matter of minutes and left us shocked and outraged! We called a supervisor over and told him the story. The supervisor said that the officer saw a altoids can on the center console and thought there was coke in there (lmfao). Is this probable cause to search a vehicle? There is some more minor details, but that is the lions share of it. Please respond and help out a bit. Thanks.
    While the officer's conduct was outrageous, nothing really came of it. No one was arrested, and no charges were brought against either you or your brother.

    If the officer had arrested or charged either you or your brother for contraband or other illegal things found, then you'd definitely have something worth fighting. Here, all you have is a cop who clearly used his badge to overstep his authority.

    You can (and should) file a complaint against the officer, but anything else would just a waste of time.
    "If it ain't in writing, it never happened."
    "A lack of planning on your part does not constitute an emergency on my part."
    "You can never make the same mistake twice, because the second time you make it, it's not a mistake, but a CHOICE."

    Comment


    • #3
      Re: Hello! I am new and have a possible 4th amendment issue

      Originally posted by Tdiddy101 View Post
      The supervisor said that the officer saw a altoids can on the center console and thought there was coke in there (lmfao). Is this probable cause to search a vehicle?
      "In and of itself", absolutely NOT. As stated, file a complaint in writing with the department;

      Contact the ACLU if you wish, they may look into it, depends.

      Comment


      • #4
        Thanks guys, that just about what I figured. I appreciate you for taking your time to let me know your thoughts. It was a very surreal situation to be in, but I suppose all is well that kind of ends well. I did file a report, just to have it on record. It's too bad that the police in my area can't be trusted. I feel sorry for the people that get harassed on a daily bases! I bet if I hardly spoke English, I would have been tazed and whooped on! Thanks fellas on e again

        Comment


        • #5
          Re: Hello! I am new and have a possible 4th amendment issue

          I would also contact the ACLU and have his badge. Speak to an attorney about a suit. If he did this to you, what do you think he's doing to people who don't know their rights?!! Screw him. Take his job.

          Comment


          • #6
            Re: Hello! I am new and have a possible 4th amendment issue

            In a suspected drug area, they likely suspected a buy was going on. Probable cause is subjective. You clearly left out details.
            Due to a recent promotion, I should now be referred to as Major Obvious.

            I would not be trying to provide information and knowledge if I did not sympathize.

            Some days it is just not worth chewing through the restraints to face life.

            Comment

            Previously entered content was automatically saved. Restore or Discard.
            Auto-Saved
            Smile :) Stick Out Tongue :p Wink ;) Mad :mad: Big Grin :D Frown :( Embarrassment :o Confused :confused: Roll Eyes (Sarcastic) :rolleyes: Cool :cool: EEK! :eek:
            x

            the color of snow is... (write the answer twice with an "@" between the words)

            widgetinstance 213 (Related Topics) skipped due to lack of content & hide_module_if_empty option.
            Working...
            X