Car Search Without Probable Cause?

[Ian_S]

Jurisdiction

North Carolina

In early 2018, when I was just under 17 years old, I was pulled over for speeding (admittedly a bad idea) and was cited for 72 miles per hour in a 45 zone. The ticket was taken care of, but I just remembered that when I was stopped, multiple officers opened my back doors and trunk and went through my belongings. I had a pretty full car, including my electric bass in my back seat in its case.

Would this be violating my 4th amendment rights, searching my car without permission or a warrant?
Is there really anything I can do about it now since it's been nearly two years, or is it better to forget about it?

Thank you!
Ian

 

[army judge]

Would this be violating my 4th amendment rights, searching my car without permission or a warrant?

I doubt it, but my opinion, as are the opinions of anyone not involved mean far less than your opinion.

Is there really anything I can do about it now since it's been nearly two years, or is it better to forget about it?

I'd forget about the incident.

I'd also avoid breaking their laws, which would keep you free from being stopped by a law enforcement official and any search you dislike could also be avoided.

You are free to speak to a couple of local attorneys for more guidance.

You mention that you were NOT yet 17 years old at the time of the incident.

To me I take that to mean you were ONLY 16 years old.

If that is true, YES, rights were potentially violated.

The police aren't allowed to question a minor.

You should have contacted your parents or legal guardians.

As a minor, you were legally unable to give consent.

Most police officers would have known not to question you or to seek your consent.

However, ALMOST two years later the clock is ticking, mate.

You can chat with a couple local attorneys ASAP about the incident.

Most attorneys offer a free initial consultation.

 

[mightymoose]

You don't give enough information to properly assess this situation.
It is very possible, perhaps very likely, that you gave consent without realizing it.
Did you at any point clearly indicate that you refuse to permit a search of the vehicle?
This long after the fact I doubt you have clear enough recollection of the conversations that took place. The words used would be vey important to answer your question.

No... It would be a colossal waste of time to pursue such an issue at this point without any kind of evidence whatsoever.

 

[Ian_S]

I doubt it, but my opinion, as are the opinions of anyone not involved mean far less than your opinion.



I'd forget about the incident.

I'd also avoid breaking their laws, which would keep you free from being stopped by a law enforcement official and any search you dislike could also be avoided.

You are free to speak to a couple of local attorneys for more guidance.

You mention that you were NOT yet 17 years old at the time of the incident.

To me I take that to mean you were ONLY 16 years old.

If that is true, YES, rights were potentially violated.

The police aren't allowed to question a minor.

You should have contacted your parents or legal guardians.

As a minor, you were legally unable to give consent.

Most police officers would have known not to question you or to seek your consent.

However, ALMOST two years later the clock is ticking, mate.

You can chat with a couple local attorneys ASAP about the incident.

Most attorneys offer a free initial consultation.

Thank you for the advice!

 

[Ian_S]

You don't give enough information to properly assess this situation.
It is very possible, perhaps very likely, that you gave consent without realizing it.
Did you at any point clearly indicate that you refuse to permit a search of the vehicle?
This long after the fact I doubt you have clear enough recollection of the conversations that took place. The words used would be vey important to answer your question.

No... It would be a colossal waste of time to pursue such an issue at this point without any kind of evidence whatsoever.

You have a valid point, I don't remember the exact conversations that took place, but I remember an officer reaching through my open window to my back door to unlock it. Army Judge does have a point though that I was a minor at the time, and unable to give consent for a search.
Thank you for the advice, though, and I'll definitely take it into consideration.

 

[Zigner]

The police aren't allowed to question a minor.

You should have contacted your parents or legal guardians.

The OP was not in custody, he was merely detained. Is there a right for the parents to be present at the roadside for a traffic stop?

 

[Ian_S]

The OP was not in custody, he was merely detained. Is there a right for the parents to be present at the roadside for a traffic stop?

They had my call my parents after the search.

 

[zddoodah]

Would this be violating my 4th amendment rights, searching my car without permission or a warrant?

Maybe. Analyzing the legality of a search based on nothing more than a couple sentences of information from the suspect would be folly. Probable cause is judged from the perspective of the cops.

Is there really anything I can do about it now since it's been nearly two years, or is it better to forget about it?

Anything you can do about what? Was something found when the cops searched your car, and were you charged with a crime as a result? I'd have thought you'd have mentioned that if it were the case, so I assume the answer is no, in which case there wasn't anything to be done about it at the time -- much less now.

Is there a right for the parents to be present at the roadside for a traffic stop?

No.

 

[Zigner]

They had my call my parents after the search.

The question wasn't actually directed to you.

 

[mightymoose]

I was a minor at the time, and unable to give consent for a search.

That doesn't mean they could just do it anyway. It would still require consent from someone able to give it. Really not worth getting in to so long after the fact.

The OP was not in custody, he was merely detained. Is there a right for the parents to be present at the roadside for a traffic stop?

No, but it is worth pointing out this particular speeding offense was an arrestable offense (at least it is here in CA). Although he ultimately was released with citation there may have been other factors in play.

Too many unknowns here.

 

[Zigner]

Honestly, I'm not convinced that the operator of the vehicle can't give consent to a search...if he's old enough to be licensed, he's old enough to consent.

 

[mightymoose]

Honestly, I'm not convinced that the operator of the vehicle can't give consent to a search...if he's old enough to be licensed, he's old enough to consent.

I agree, but if I had reason to believe there was something in the vehicle I would be attempting to get consent from an adult rather than risk challenges to whatever I find.

 

[Zigner]

I agree, but if I had reason to believe there was something in the vehicle I would be attempting to get consent from an adult rather than risk challenges to whatever I find.

Fair enough

 

[flyingron]

No, but it is worth pointing out this particular speeding offense was an arrestable offense (at least it is here in CA). Although he ultimately was released with citation there may have been other factors in play.
.

It is here in North Carolina as well (which is where all this transpired).

 

[army judge]

The OP was not in custody, he was merely detained. Is there a right for the parents to be present at the roadside for a traffic stop?

It all depends on what was said by the officers on scene.

If the minor were asked for consent to look around in the car, the minor was legally incapacitated to answer that and any other query absent his mother, father, or legal guardian being present, or an attorney provided by his parents or legal guardian.

However, a precise answer depends on exactly how events transpired the night the event occurred.

Which is why it won't hurt to talk to a couple local defense attorneys, who have the ability to obtain any and all police reports, radio transmissions, court records, and police video.

I've talked to high school students for the past 16 years on Constitution Day.
We discuss many things, but I try to impress on all of them their rights, especially on the minors and 17 year olds.

Rights, in the case of minors, flow through their parents/guardians.

 

[army judge]

The OP was not in custody, he was merely detained. Is there a right for the parents to be present at the roadside for a traffic stop?

A traffic violation (with some rare exceptions) doesn't NORMALLY deprive a person, even a minor, of any constitutional rights.

 

[Tax Counsel]

Is there really anything I can do about it now since it's been nearly two years, or is it better to forget about it?

I'll cut to the chase here since no one else has (beyond saying it would not be worthwhile). You evidently were not arrested or charged for anything found in the search. You do not mention any damages suffered as a result of the search (damaged property, etc). Even if we assume that the search was not valid you suffered no harm from it, which means that the most you would get from it is $1 in nominal damages and perhaps your attorney's fees reimbursed. You'd still have other costs of litigation that would not be reimbursed that would exceed the $1 you might get. In short, it would be utterly worthless to pursue it even if the event had happened just yesterday.