Arrest, Search, Seizure, Warrant fourth amendment rigt violation

[hadalgo]

Monday night I was driving home on my motorcycle after having a couple beers (not drunk)and dinner with some friends. On my way home I was pulled over for speeding 73 in a 55. Now Im not going to agrue if i was "only" going 73, when driving a bike that has a top speed around 175, 73 doesnt seem that fast. Anyways here is my story

The cop pulls me over and asks for my lisense, I stated I did not have it on me. He then asks me why, I go through the long drawn out story that I didnt notice my license was expired (6months and 4 days) on my birthday and that I had to take the tests all over and that those papers were in my van that I drive nearly everyday, which was the truth. At this point he tells me to step back to his car, and has me put my hands on his roof while he pats me down. He then reaches in ALL my pockets including my back one and pulls out my wallet. He goes through my wallet and removes my state ID which i had to get BEFORE they would let me take the driving tests again. So at this point he really doesnt think i have a drivers license. He has my bike towed and drops me off at the nearest gas station with a speeding ticket and a no operators ticket.

From what I have read on the net, Police have no right to put their hands in your pockets unless they feel a weapon of some type.. what are my legal rights? is it lawful to put their hands in my pockets and pull out objects that are plainly NOT weapons? Seems like they broke my fourth adendment rights.



thanks in advance, james

helpful case law studies

 

[Michael Wechsler]

My understanding is that they have a "pat down" right but that is all. However, I don't know what it will accomplish with regard to putting his hands in your pocket. What are seeking as a "remedy" for the situation?

If you want to claim that his acts were wrongful... well, consider yourself lucky that all you got was one operator's summons. You could have had a lot worse. Driving without a license is a serious offense and not to be taken leisurely. If you were in an accident, you'd have a lot of trouble...

 

[hadalgo]

violation of rights

I want the tickets to be dropped, both the driving without a license and also the speeding, plus money back for my bike being towed.

I know the tickets and the search dont have much to do with each other but one threat to sue the police department for a violation of my 4th amendment rights should motivate them to drop the tickets. Hell if the officer doesnt know its illegal I could easily look up all his tickets and call all the other people to see if hes putting his hands in everyones pocket and request a class action law suit.

Basically I have gotten a few other tickets lately and just cant afford another 2 points on my license, besides I am also REALLY tired of paying cops salaries.

thanks james

 

[Michael Wechsler]

Personally, I don't think that the police department will run from a threat to sue because someone checked your pockets. Would you pay an attorney to file your case? It is likely that it would not be taken on contingency.

Bottom line is that the judge will hear that you got the tickets because you deserved them (and didn't get another) and that even if your claim is true, it wasn't a tremendous hassle, e.g. violence, arrest, etc. and had nothing to do with guilt.

I'm not telling you not that you aren't justified to be mad. I completely understand. I'm just telling you that, IMHO, I think that the time and effort you may spend on this one will not be worth it. You'd best perfect your defense on the merits and think about how you might bring up the issue at the hearing.

Best of luck to you... I hear ya.