Arrest, Search, Seizure, Warrant illegal search and seizure

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imrich2

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Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
and fifth
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

amendments of the U.S. Constitution.


On March 3, 2004 a consultant and I were traveling on a business trip from Atlanta, GA to Dallas, TX. We were driving through Louisiana headed west on I-20. We were stopped by a Highway Patrol Officer. The Officer approached the passenger side of the vehicle and asked the driver (Marlin Morton) for his license, registration, and proof of insurance. Mr. Morton provided the trooper with the documents as requested. The trooper returned to the police vehicle. The Officer signaled for Mr. Morton to come to the rear of the vehicle that we were traveling in. The vehicle a 1999 Ford Crown Victoria Police Interceptor was purchased at a dealership in Michigan and had a temporary tag affixed to the drivers side rear window as required by Michigan Law. The car is registered in my brothers name. The trooper didn't allow Mr. Morton to come back to the vehicle, instead he returned to the passenger side and asked me for my identification. I asked what the problem was and he stated that he didn't have time for this crap this early in the morning. He explained that we were pulled over because the tag was displayed incorrectly. The trooper stated that the tag was supposed to be affixed to the license plate area and not in the rear window. I told him that the temporary tag stated right on the tag that it was to be put in the location in which it was. I gave the Trooper my drivers license. He returned to the police car. The Trooper returned to the passenger side of our vehicle and asked me to step out. I said no. I stated to him that if he was telling me to step out that I would, but if he asked, that I would not. He stated that he was telling me to step out. I opened the door to step out. Upon stepping out of the car I was searched. I asked why I was being searched and the Trooper stated that he had ran my name and a previous firearms conviction came up. He said he had to make sure that I didn't have any firearms on my person. I stated that I was on a business trip to Dallas. He told me to go to the back of the car where Mr. Morton was already standing. A K-9 unit was walking by as I was told to go to the rear of the car. The K-9 unit proceeded to sniff around the car. The Trooper handling the K-9 said that he made an alert to the drivers side window. The Trooper then instructed me to come up to the rear passenger side door. I complied. He asked if I had any drugs or guns, I told him no. He picked up my backpack off of the passenger rear floor and asked what it was, I said that is my backpack. He opened the backpack and seen the money that was contained in it. He immediately told me to go to the rear of the vehicle. We were asked to follow the Trooper to their headquarters so they could give me a receipt for the money until I proved where I got it from. I said O.K. We were then ordered into a police car. I said I though we were suppose to follow you and I was told to shut up. They said that another Trooper would be driving our vehicle, and following the car that we were in. Both were lies. We got to the headquarters, Mr Morton and myself were separated. I was placed in this big room to await the prosecutor. We were pulled over at 7:00am and were not released until 2:00pm. I asked for a lawyer from the time I got to the headquarters until the time I was released. I asked was I under arrest, they said no, so I said I am leaving and I was instructed to sit down repeatedly. When the final tally came up, the paper said I had on my possession $104,446. The bottom line read 10 one hundred dollar bills. I read that line and asked what it meant. The trooper stated that it meant how many hundred dollar bills I had on my possession. I chuckled. Another Trooper seated behind me jumped out of his chair and yell, what are you trying to say, we stole some of your money. I said no I am only saying that I know for a fact that I had 27 one hundred dollar bills in my pocket so how can this paper only reflect 10 one hundred dollar bills. The trooper writing the receipt said oh yeah I will write that in here. He wrote the $2700.00 in and totaled it again. The total now is $107,146. They released us to go, but not after going through the address books of our cell phones, computers. Other documents were copied. Not to mention the damage done to the vehicle that we were driving.

First, Louisiana law states that you can have the temporary tag affixed to your rear window or at the license plate area. Why was I pulled over in the first place? There was no reason for the officer to pull us over. He wrote Mr. Morton a warning for an improperly displayed plate. There was no evidence of any illegal doing on my part, and I am being forced to prove where my money comes from. I have a legitimate company. All paperwork is in order, my question to you is, why do these people still have my money and it's already been 30days?
 
It would seem that you have money and can get an attorney. From what you say it would seem that the search was completely unreasonable. With regard to getting out of the car, I'm not sure why you resisted and it didn't seem a big deal. As far as the subsequent arrest and confiscation of money, it would seem that without anything else, your rights were violated and you have a cause of action to sue. But do tell me why they are going through all this trouble. I am missing something here. Is there a prior history issue? Was it because you resisted? what's up?

Originally posted by imrich2
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
and fifth
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

amendments of the U.S. Constitution.


On March 3, 2004 a consultant and I were traveling on a business trip from Atlanta, GA to Dallas, TX. We were driving through Louisiana headed west on I-20. We were stopped by a Highway Patrol Officer. The Officer approached the passenger side of the vehicle and asked the driver (Marlin Morton) for his license, registration, and proof of insurance. Mr. Morton provided the trooper with the documents as requested. The trooper returned to the police vehicle. The Officer signaled for Mr. Morton to come to the rear of the vehicle that we were traveling in. The vehicle a 1999 Ford Crown Victoria Police Interceptor was purchased at a dealership in Michigan and had a temporary tag affixed to the drivers side rear window as required by Michigan Law. The car is registered in my brothers name. The trooper didn't allow Mr. Morton to come back to the vehicle, instead he returned to the passenger side and asked me for my identification. I asked what the problem was and he stated that he didn't have time for this crap this early in the morning. He explained that we were pulled over because the tag was displayed incorrectly. The trooper stated that the tag was supposed to be affixed to the license plate area and not in the rear window. I told him that the temporary tag stated right on the tag that it was to be put in the location in which it was. I gave the Trooper my drivers license. He returned to the police car. The Trooper returned to the passenger side of our vehicle and asked me to step out. I said no. I stated to him that if he was telling me to step out that I would, but if he asked, that I would not. He stated that he was telling me to step out. I opened the door to step out. Upon stepping out of the car I was searched. I asked why I was being searched and the Trooper stated that he had ran my name and a previous firearms conviction came up. He said he had to make sure that I didn't have any firearms on my person. I stated that I was on a business trip to Dallas. He told me to go to the back of the car where Mr. Morton was already standing. A K-9 unit was walking by as I was told to go to the rear of the car. The K-9 unit proceeded to sniff around the car. The Trooper handling the K-9 said that he made an alert to the drivers side window. The Trooper then instructed me to come up to the rear passenger side door. I complied. He asked if I had any drugs or guns, I told him no. He picked up my backpack off of the passenger rear floor and asked what it was, I said that is my backpack. He opened the backpack and seen the money that was contained in it. He immediately told me to go to the rear of the vehicle. We were asked to follow the Trooper to their headquarters so they could give me a receipt for the money until I proved where I got it from. I said O.K. We were then ordered into a police car. I said I though we were suppose to follow you and I was told to shut up. They said that another Trooper would be driving our vehicle, and following the car that we were in. Both were lies. We got to the headquarters, Mr Morton and myself were separated. I was placed in this big room to await the prosecutor. We were pulled over at 7:00am and were not released until 2:00pm. I asked for a lawyer from the time I got to the headquarters until the time I was released. I asked was I under arrest, they said no, so I said I am leaving and I was instructed to sit down repeatedly. When the final tally came up, the paper said I had on my possession $104,446. The bottom line read 10 one hundred dollar bills. I read that line and asked what it meant. The trooper stated that it meant how many hundred dollar bills I had on my possession. I chuckled. Another Trooper seated behind me jumped out of his chair and yell, what are you trying to say, we stole some of your money. I said no I am only saying that I know for a fact that I had 27 one hundred dollar bills in my pocket so how can this paper only reflect 10 one hundred dollar bills. The trooper writing the receipt said oh yeah I will write that in here. He wrote the $2700.00 in and totaled it again. The total now is $107,146. They released us to go, but not after going through the address books of our cell phones, computers. Other documents were copied. Not to mention the damage done to the vehicle that we were driving.

First, Louisiana law states that you can have the temporary tag affixed to your rear window or at the license plate area. Why was I pulled over in the first place? There was no reason for the officer to pull us over. He wrote Mr. Morton a warning for an improperly displayed plate. There was no evidence of any illegal doing on my part, and I am being forced to prove where my money comes from. I have a legitimate company. All paperwork is in order, my question to you is, why do these people still have my money and it's already been 30days?
 
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