Arrest, Search, Seizure, Warrant Illegal search of car...HELP!!

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SugarAngel73

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Last night my family went to The Lord of The Rings. My two older brothers (18 & 19) drove home in the 19 year-olds car. He just bought it from someone a few weeks ago. On their way home they were pulled over by a cop for having a broken tail light. My brother asked for a verbal or written warning because he just got the car. The police officer harrassed them. He acused them of drinking and asked them how much they drank that night. They hadn't been drinking and were just trying to get home. The police officer asked my brother for his licence and checked it in their data base. He came back to the car and asked my brother if he could show him the broken tail light. My brother complied. When he got out of the car and around to the back, the police officer slamed him against the car, frisked him, and arrested him.

When my brother had his old car he got pulled over for expired tabs. He thought my dad bought them like he said he did, but he didn't. He went to court and was paying his fines on a monthly basis. He had a late payment and they sent him a notice telling him to pay the rest of his fines because of the late payment. That day he sent the rest of his fines to the court house. Three days later he got a notice telling him he had to pay his fines or his licences would be suspended. He called the court house up and told them he sent the money the day he got the first notice. They explained to him that it probably wasn't entered in the computer yet and everything would be ok.

When the officer arrested him, he told my brother that he never paid his fines and his licence was suspended. My brother never got a letter or a call or anything telling him his licence was suspended. He told the officer that but the officer didn't care. He was only there to make the arrests he told my brother. He told him that they were going to impound his car and was there anything in the car that should be inventoried. He told him he had a hunting rifle in the trunk. The officer asked if he could see the rifle. My brother said yes it was right on top in the trunk. The officer opened the trunk and saw the rifle. The officer contined looking through the trunk tearing it apart (probably looking for drugs). he riped the trunk apart litterally. After he finshed he approched my brother and told him there was no pistol in the trunk. My brother replied with "what made you assume there was a pistol in the trunk." The officer did not reply to this.

The car was impounded. My brother has to pay for the towing and $40 per day for the impounding. It is the weekend so he can't get his car for three days. My brother was steriotyped by the officer and harassed. The officer illegally search his trunk and my brother is left with all these fines to pay.

WHAT CAN WE DO TO GET JUSTICE? CAN WE TAKE THE OFFICER TO COURT FOR HARASSMENT AND ILLEGAL SEARCHING OF A CAR? CAN WE MAKE HIM PAY FOR THE FINES WE INCURED AND FOR THE INCONVINENCE IT HAS CAUSED OUR FAMILY? I WOULD REALLY APPRECIATE SOME FEEDBACK. THANKS FOR YOUR TIME!
 
Actually the search was perfectly legal. Your brother gave consent, when he said he could see the rifle... You should fight the suspension with a check-stub or anything that resembles the sort with the date it was written on it. That should nullify the fines for being arrested. Unfortunately taking an officer to court would cost more than it's worth. Remember he works for the people you would be talking to about pressing charges against him.

If the passengers in the car weren't arrested, and they had a valid driver's license the car should not have been impounded, even with expired tags.

From what you said here either something is missing in your story or you said something that offended the officer. Get a lawyer and tell him the whole truth please.
 
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