Arrest, Search, Seizure, Warrant damaged property in search

[GoVegan]

Hi last nite on our way home from work my girlfriend and I were stopped by an "officer" He said my license plate light was out(the year of my car did not come with a license plate light) But any was he took us both out of the car after we both provided id and my insurance and registration he then asked for permission to search the car. My friend told me if you refuse a search that gives theme probable cause to search anyways. He claimed to find resin in a marker top(neither my girlfriend or i smoke marijuana) he said it wasn't enough to arrest us. when we got back into the car we found that he had damaged some books by tossing them onto the floor after looking through them and left everything else in disarray. I was wondering if there is laws protecting citizens against cops damaging you property in a search? If i consent to him searching my car can he search my girlfriends bag, or can she remove it? If I refuse consent does that give him probable cause? Can i call him a joke or anything or would i be arrested?

Thanks!!

 

[Michael Wechsler]

You can refuse a warrantless search by police and this cannot be used as grounds for "probable cause." If so, then every search would be permissible so your friend's advice doesn't make sense. Damage to your property that is outside the scope of the search can provide for liability on behalf of the police. Who pays is another issue and it could either be the county or the police officer him/herself, depending upon how egregious the conduct.

If you give an officer the right to search your car, it does not give the officer the right to search your girlfriend's bag -- it's her bag. Then again, if her bag was in your car and no one says anything and you give consent to search your car, it is not clear that the bag is hers and not within your purview. If she says it's her bag and she does not want the officer to search it then that is her prerogative.

When there is probable cause then a different set of circumstances apply. The problem in cases like yours are that there are no witnesses and many of the violations come down to your word against the officer's and that isn't easy to prove or enforce. However, they do say where there is smoke there is fire and possibly many of the same complaints....

 

[windwalker]

And also

I would also like to add, that in a consensual search, consent can be revoked at any point.