Arrest, Search, Seizure, Warrant Extortion?

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Sunday_Soprano

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My jurisdiction is: Illinois

story is : I picked my friend up because due to law troubles he doesn't drive and has a bad record consisting of many felons and the eye of the law would see him as a gang banging, drug slinging killer. but i just know him as bobby i don't get involved in his business and try to stay out of it as much as possible... but I picked him up to take him from his house to our friend Michelles. We made it to the block of Oak Park and 16th and were going to make a left onto 17th to find parking. there was a cop in a new charger 1/2 way into the busy street. i stop and waved him on but he insisted on letting me pass. So I did. He proceeded to fallow me until we parked... then as soon as I was backing into a parking space (parallel parking sucks) he flicked the lights on. The officers approached both windows and greeted bobby (because the knew him) with a smile. I asked , "Is there a problem officer?" he said yes your passenger wasn't wearing a seat belt. Can I have your license and registration please? I gave him the one i had in my car... he looked down at it and looked at me and smiled and laughed and said it was expired...(i had the new one at home on my dresser and didn't put it in my car yet.) Then he asked to search the vehicle and i asked why. He said because he had probable cause and i asked what it was and he said because of bobby. I said no. So they took me out of my car and searched my purse without my consent and made me place my hands on the hot hood of the running black charger. then they pulled bobby out and patted him down and made him do the same then my boyfriend dusty (who was in back) do it too.
Then they searched my car anyways EVEN THOUGH I SAID NO! We were all clean so there wasn't any issues. Then,when the other officer who wasn't ripping apart my car ran our names, I smoke so i really had a foul taste in my mouth so i leaned to the side of the hot car and spit. The cop said, even though he was on the grass on the other side of the car, that spitting is a $360 ticket because i spray spit molecules in the wind and he could get covered in my spit.
The officer who searched the car illegally yanked the back seat of my car so hard that he broke it, and he broke my passenger seat when he slid it forward ... now it doesn't lock in place and slides around. But when he was done with that I asked for his badge number and he said, " don't worry it will be on the tickets im writing you." I asked what tickets and he said one for your passenger not having his seat belt on and one for your insurance. I asked why my passenger isn't getting the ticket for that because I had mine on and so did Dustin. he said it was my duty as the driver to make sure all passengers have there seat belts on.
They finally let us go back into my car and sit. we waited 15 minutes for the cop to write the tickets. Then when he did give me the tickets the one for the seat belt had a M under sex that he changed to an F (you can see it on the ticket) and the officer said because i was driving on a ticket (for speeding 45 in a 25 ... i didn't have the money to pay it off and had gotten it a week prior to this event.) that i need $200 now or he was taking me to jail. he poked his head in my window and asked bobby do you have $200 he said no then he looked at dusty and asked him. He said no and that's extortion! Then the cop looked at me and said get out of the car your under arrest. Dustin said again,"He cant do that that is extortion and its illegal!" . Then the cop said ok you can come with me or drive between us to the station (there were magically 2 cars) so i drove and called my parents on the way.
When we got to the station Dustin said something to the cop and the cop said,"well there's plenty of more room in the Jail." I gave Dustin my phone and went in ... the cop brought me into the processing area and the officer said to the processing officer, "she hasn't been fully searched yet." the processing officer looked at him and asked if i was going to be bonded out or booked and he said bonded then the processing officer said, " then she doesn't have to be" that was it.
I would really love to stick it to these bastards for treating me like I did something wrong when i didn't, illegally searching my car on false probable cause,Extortion and for anything else i can ... this officer is abusing his privilege to be an officer of the law! This all happened in Berwyn.... can I get some help??? My court date is on September 21st
 
Having a known felon in your car is probable cause to search the car. This is done to protect the police from weapons that could be hidden in the care. I also don't see any extortion here. For more information you can read Arizona v. Gant--it goes through a lot of this stuff.
 
The cop is dirty, but you are either being untruthful or silly for having a "friend" like Bobby. If you run around with people like him you will get in trouble, even if you aren't doing anything.

As for the cop, he had enough to search your car. The ticket for spitting is silly but he can write it. Telling you to "pay $200 now" or go to jail is a simple ILLEGAL shake down. He knows "bobby" has the money and is dirty so he shakes bobby down every so often for extra money.

That makes what the cop did illegal and most of what you have charges for you can beat. Get a lawyer, and change your friends. If you insist on being "friends" with a hood, you are going to get more of the same from the cops.
 
Hmm... your friend Booby was searchable regardless of consent, and I can see that they might reasonably search the immediate area where he was sitting. However you did not consent to the search of the entire vehicle. I think the officers exceeded the reasonable scope of the search here. Besides, if they had the probable cause that they needed then they would not be asking for your permission in the first place. You may have a good argument to make for an unlawful search.

The officers are liable for any damage they caused to your vehicle, however they will certainly argue that it was already like that, so you will have to work it out in court. Since they may have been in the vehicle unlawfully to begin with, especially on the driver side, then it might make it a little easier.

Depending on your state laws, both you and your passenger may have been citeable for the seatbelt violation. You are also on the hook for the insurance, but that is correctable if you can show you did have insurance on that date.

The issue over spitting is nonsense.

The cop asking you for money is his an abuse of his authority as he is essentially asking you for a bribe in order for you to stay out of jail. I don't know of any circumstances where police will collect money from anyone for any reason- and there are specific laws about that.
 
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