Arrest, Search, Seizure, Warrant Illegal search & seizure..please help

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chytona

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Ok.. here's the story - My boyfriend was driving my car to my sister house. When he pulled onto her street he noticed police cars parked at both ends of the street. He thought nothing of it. He pulled into my sister's driveway parked the car and got out. Just as he was walking away from the car up to the house the police cars drove in the driveway and attempted to question him. He refused to answer any of their questions and continue walking up to the door. At that point 4 officers surrounded him and asked for a drivers license and for the keys to the car. He responded by saying this is not a legitimate traffic stop and told them that they don't even have their red/blue flashing light on. The police response was "they didn't want to wake the neighbors." Yeah right, sounds like BS to me. Anyways, they asked for the keys to the car and he refused to give them to him. The officer said that he stopped him because the license plate light was out. He tells them that there is no license plate light on the car. The police then snatches the keys out of his hands and starts to search the car with one of their dogs. Upon searching the car they find marijuana and cocaine. My question...isn't this an illegal search and seizure? 1) the car was not made to have a license plate light therefore they have no reason for their contact with him since he did not violate any traffic laws, 2) he was not in the car anymore when they approached him, and 3) the drugs were not found on him but in the car which belongs to me. Any insight will be greatly appreciated. Oh yeah, my sis was a witness to all this. When she opened her door to see who was in her driveway, they made her close her door but she looked from the window anyway.
 
That is definitely an illegal search and seizure if I have ever heard of one. First of all, there was no traffic stop as he was already out of the car when the police pulled into the driveway. Secondly, because the car is not his, even if he gave them permission to search your car it would be illegal as you were present...and it legally belongs to you.

Has this been to court yet?
 
I'm not so sure that this is a "slam dunk" illegal search. First of all, the issue of ownership is irrelevant for two reasons. One, if the driver had the keys to the car, that implies he has the right to enter the car. His right to enter is sufficient to establish a right to consent to the search. Secondly, and more importantly, the driver's claim is that he didn't consent to the search. Whether he could have consented to the search is immaterial if he never did actually consent.

As to the lawful stop issue, the flashing lights or "traffic stop" question is again off-point. The question was whether the police had an articulable reasonable suspicion that criminal activity was afoot. These are the missing facts that I believe the original poster is leaving out.

It's certainly possible that this neighborhood is some idyllic sanctuary of crime-free bliss and that the cops randomly singled out the hapless driver of a random car and just happened to find drugs. If that's the case, then I'd like these cops to buy my lottery tickets for me.

More likely, there was something going on that our friend is not sharing.

It's very likely the snatching of the keys would create a de facto arrest, and that the vehicle search incident to that arrest was also lawful.

Still, if the cops don't have an articulable basis for the initial stop, and then a lawfully-obtained basis for heightened suspicion to search the car, the drugs are very likely suppressable.
 
Appealswriter38 - This is in the process of going to court. The lawyer deems this as an illegal search pending there was no civil infraction that was violated (i.e. the cop stating that a turn signal was not used). He has files a motion for discovery in which a video if it exists will show that the police statement is false and was fabricated to use as justifaction to harass people. I'm almost positive the police will say not tape exists because only a dummy would hand over evidence that contradicts his/her very statements. So I'll keep you updated on what happens.

Thanks for your comments.

CivilRightsEsq - "The question was whether the police had an articulable reasonable suspicion that criminal activity was afoot. These are the missing facts that I believe the original poster is leaving out. "

Someone coming home late at night in a heightened criminal area is not reasonable case to suspect that criminal activity was afoot.

"It's certainly possible that this neighborhood is some idyllic sanctuary of crime-free bliss and that the cops randomly singled out the hapless driver of a random car and just happened to find drugs. If that's the case, then I'd like these cops to buy my lottery tickets for me."

Obviously, we don't live in an idealistic world were law enforcement officers abide strictly by the law themselves. Living in a crime infested area does not make you a criminal. From some of the events in the news in the past singling out hapless drivers and random cars is a part of profiling and police officers participate in it every day.

Thanks for your comments.
 
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