Arrest, Search, Seizure, Warrant catnhat

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catnhat

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Taking my car & search it without me being there.
They took it down street after hand cuffing me & my sons. They took off mine but took my car down street & search it. Police left me standing on street over 20min my phone was in car had no way of calling my husband for help. 30min later I was able to call him thanks to a stranger asking if ok & letting me use his cel. Did the Police have the right to do that?
 
You don't give enough informationto determine if the police acted improperly, though it seems odd that they moved the vehicle.
Was anyone arrested? Was the driver licensed? Was the vehicle towed? Do you know if they had a warrant? Did they take anything from the car?
You were no longer handcuffed... were you unable to go over to the car? Why did they move the car?
Did you at any time announce your refusal of permission to search?
 
Yes my 2 son were arrested still in j hall going to court due to being cont. I was in shock when this took place due to k9 at least 10 police lights. etc & not knowing what was going on. They took me 3rd out of car & handcuffed me & made me walk backwards to comer. I was dropping off 1 of the boys at his home there were 5 all together of us in car. I take kids home a lot when my sons & their have been out ages 14-17. There is 1 other parent who also makes sure the kids get home we take turns. They said there was a staving . I think the police realized I was that mom. instead of a suspect & took off cuffs as for saying anything about taking my car NO. No one asked to take or even said they were. Just like they came they. just left gone no around not even my son's ! They took my car & my son down the street & my cel my keys were in car cause had hands out window b/4 being taken out. I have since found out from my sons police told them my car was. a bait car & they don't know where I was. We arestill invoked with. this case to date it happen 1/24/12 @7:45pm. They never told me they found 2 knifes in back. when they brought car back. Car came back just 30min later. I hope this helps
 
The details are a bit fuzzy, but from what you say it sounds as if the search was likely legitimate. In certain circumstances your permission is not needed. In this case, as a result of arresting your sons the police could lawfully search the immediate area where your sons were sitting. If they do Mich more than that a warrant or permission may be required. It is still possible they had a warrant to begin with, but if so you should have received a copy of it.
I'm not clear on why they moved the vehicle unless it was for some safety purpose.
If your primary question is regarding the search being lawful, I am leaning toward yes based on your description.
Whatever concerns you have should be directed to the attorney representing your sons. The attorney will have access to information you do not have and can better assess the situation.
 
So a stabbing was likely committed by some of the boys in the car. After the arrest, the police searched the car for the weapons. It sounds legit to me.
 
No . No one was arrested at that point. They had all exit car1@ timeI didn't know what was wrong, I had just stopped in front of 1 of the kid house to drop him off, 5 of us in car &k9 police just came was told hands out window etc. Took each 1 out 1@ time . They took off with the car & kids 2 were my sons told me there was a stabing .They left with car down the street. When they brought back never said that they found anything. Found out from report at court. They had told my son when ask "Where is my mom" said they didn't know that was a bait car. I just like to know is that legal how do I know they found knife in car I ask about finger prints, blood & DNA & was told they only do that at trail. I just want to know right or wrong. Everyone keep asking why did you let them take the car? I never did & they can do whatever. Now I not sure if they didn't go by the law. have always felt the police were the good guys but now I just want the truth right or wrong
 
disagreeable said:
So a stabbing was likely committed by some of the boys in the car. After the arrest, the police searched the car for the weapons. It sounds legit to me.
Click to expand...

Stabbing or not, only a limited search of the immediate passenger area was likely as far as they could go without permission or a warrant. Depending on the circumstances there could be an issue here, but there isn't enough info to sort it out. Apparently the OP was the driver and was not arrested, so there are some 4th Amendment privacy issues that can come into play.

It is odd that the police moved the car down the road to search it. That makes me suspicious that something could be amiss, but no way to tell.
 
Not true still fighting case. Was not known when car was taken. Everyone ask why did I let them? I didn't never asked is that right or wrong? Can police do whatever they want. How do I know if they found anything in car or NOT. I have asked about finger prints, blood stain (none) & DNA which the reply was only if it goes to trail. What the heck right or wrong
 
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