Arrest, Search, Seizure, Warrant Car taken no charges??? 30 + days ago Help.

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johnnyrotten

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Someone please let me know what to do.

On Jan 27 2006 Approximently 2:30 a.m Me and a freind were followed once we re entered our county, we were followed for 12 or so miles by 2 marked sheriff vehicles and 1 unmarked narcotics unit. All officers in this small area know me and my vehicle because of my criminal behaivior 11 years ago. We then (after being followed 12 miles) pulled into a Gas station the officers all pulled in behind us. I was the passenger in the vehicle the driver was my freind, I got out to check my tire preasure and was approached by 2 narc officers, they asked what s up i said checking air preasure. They then asked me if they could pat me down i said sure. the other officer spoke to my freind. then they walked my freind to where i was and it was all 4 of us they asked to run a dog not to search i said yes a dog can run my car. they also asked us if we would take a urine test later and we agreedd. Well they ran the dog nothing then ran another dog and nothing. they then searched and claim they found 14 grams of methamphetimine. i never said a second dog could go through the car nor did i grant them permission. The dogs never hit on anything however the officer claims they did. well the same dogs the supposedly hit on dope in the car were to scratch or sit down was the officers claim, and they hit on the seats and the dope was under the dash. However upon the dog leaving my vehicle it hit on my wallet on the hood of the car and it didnt cratch or sit it lunged like it wanted to eat the wallet and went nuts which it never did in the car. however it was the smell of 20 dollars i had on me guess it smelled of dope. We were then taken to the cop shop pead in a opend cup and we were supposedly hot, we never signed for the urine test or anything and it was a strip test. my vehicle was inpounded and we were released. The cops said they would issue warrants later. Iam only the co signer of this vehicle and it belongs to my fiancee. point is we have no proof where the vehicle is we have not been charged and we were told it would be a lengthy investigation. How can they take the vehicle like that? How come we werent charged ? And what are they investigating, they claim they found 14 grams of meth. Can they come onto a gas stations property and do this and tow the vehicle off that same property? The reason we were searched the officer claims was some crack head informant they busted 6 months ago owed them a favor. He supposedly heard from some one i was a dealer and let the narc cops know, and he dont know mwe is that probable cause? he heard from someone else and knows me not. What are my chances in court. Please help someone.
 
seriously

I feel for you I really do but is there any chance your fiancee, the car owner, had an ex who was a cop? maybe one who never got over it

(why did you consent to everything they asked ?)

monica
 
I did not

No the cops here hate me cause of my past criminal actions which date back 10 + years ago. She has no ex that is a cop. And all i allowed was one dog, they never asked if they could run 2 dogs or search themselves i never gave them consent and the dogs never hit on anything in the truck. however they released my vehicle to the loan ppl and it is up to them to give it back, and they are going to tomorrow. See what i dont understand is how they came onto a gas stations property to conduct a traffic stop yet we violated no laws and they are going off a confidental informants phone call, just hearsay. I never consented to let them search and i was not allowed to watch the cop search and the dogs never hit on the vehicle at any point nor time. What should i do, are they in the right or did they violate the law. What i hear is since i was never under arrest and they blocked me in and then took me too the cop shop and took 3 hours to do all this they violated my rights and illegally seized me . And did not conduct a timley search under the suspicion they had they have to be speedy. They also went through my pockets made me empty them out on the hood which is also against the law only a quick pat down for weapons is allowed, unless aressted.?????????????
 
i am so sorry

i didn't see your reply or your private message for some reason and i would like to give you some court cases to refer to that concern dog sniffs. I hope that you have already found them but if not go to findlaw.com and then search the court cases using search terms dog sniff. There has been a lot of back and forth on the dogs.

i'll see what i can find also in the mean time. once again i am sorry i wasn't meaning to ignore.

monica
 
petition for return of property

there is a petition(motion) that you can make to the magistrate that is for the return of property. You will have to site a law that states you have the right to a hearing on this motion even though no charges were filed. There is also the need to include that you will be proceeding on the motion on your own (unless you can pay an attorney)

This petition is used by people in Cali for the return of Marijuana for medical purposes. Its often seized prior to establishing medical purpose and then held illegally or destroyed without respect for the person's legal right to its return. The police do have to return it sometimes.

you have now figured out that keeping your property was probably all they knew they were going to do from the start. They know that the red tape is more than most people can handle and they also know in light of most of us being a tiny bit guilty of some hidden issue we fear the wrath or hidden dangers of fighting them back.

I am not an attorney and this is only giving you references as to things any citizen has the right to do for themselves. all decisions you make on how to proceed are ultimately up to you with or without legal counsel. Its always best to have help if you can afford.

monica
 
me again

the pat down is correct unless other circumstances allow them to go further.
where most people get it wrong is this:

they say "empty your pockets"
you do it
the correct answer if you don't want to have a search take place is "no"

You see the cops don't have to tell you that you can refuse.
If you empty your pockets at their command it usually means consent was given.
but..... not always and those circumstances are best determined by reading cases or consulting your attorney. If I were to tell you them I would be going too far as a non attorney.

Lots of teenagers encounter cops who just stick their hands right down their pockets, order them to unsnap their bra and shake, (that one is no worse than the first one, one just is a girls privates and the other is a guys). pat searches are for safety, intrusions or shake your boobies are only for reasons beyone that and the cop is not always wrong in this area either. A recent case in our city where cop took teen female behind auto parts store for a look at what was in her bra. Someone was watching thank goodness and reported.
 
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