Arrest, Search, Seizure, Warrant Illegal Search on our vehicle in TN?

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tperez67

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Hello, We are a couple in our our mid 30's and my girlfriend Dawn (the driver) and I were pulled by Commercial Vehicle Enforcement on I-40 East on May 28th, 2003, in Cookeville, TN., on what we truly believe on an false traffic stop due to out of state plates, and slower than average speed due to our high top conversion van going uphills and one lane road construction. He claimed in his report that we did not use a turn signal, which is BS because we knew he was there behind us the entire time.
We were not speeding and used all proper signals when changing lanes. After asking for our ID's, which were all in order and law abiding, with no explanation a drug dog was brought to our conversion van, meantime, our dog was barking and protecting us from inside. After asking the officer why we were being searched by a drug dog and what his suspicion of us was for drugs, we were told it was standard procedure for his unit and never givin another reason. The only place on our vehicle his K-9 dog EVER lifted his nose momentarily (less than 2 seconds), was the area right inside our van door where we keep our dog's food and bones, toys, etc., at the sametime, our dog was barking and growling at the K-9 from inside, otherwise, his K-9 turned away and never sniffed again and seemed uninterested in us.
The officer proceeded to enter our vehicle and find small amounts of drugs in our van, 3 extacy pills, some marijuana (which we have state issused medical marijuana cards from the state of California, which is Doctor recommended, for a better quality of life due to illness, and legal in California for medical use, we are 100% legit for medical purposes and have all proper documentation from our state of CA for medical marijuana use).
He also opened a box that was found under the bed and addressed to a friend, which was taped up, and had USPS postage on it and a return address on it, (not from either of us), this was a piece of mail that was ready to be sent that did not belong to either of us and was opened by the officer after him thinking it had my name on it, he did realize then it was not my name. The box contained 8 individual bags of 1/4 oz. of mushrooms totaling 2 ozs., this is where Tony was charged with Schedule 1 for resale.
Dawn was charged with felony possesion of marijuana, (over 1/2 oz) and I (Tony) was charged with Schedule 1 for resale (mushrooms), Schedule 6 for marijuana, Schedule 1 possession for exstacy, he also summons Tony with meth, but it is absolutly not, I am positive about that, it was powdered exstacy or mdma.
Neither of us have ever been charged with a felony before, and Dawn has never ever had a traffic ticket in her life, I only a misdeamenor DUI over 5 years ago. We feel we were wrongly searched and for no reason, any advice would be gratefully appreciated.
Tony and Dawn:(
 
I used to live near Cookeville. Cleveland, TN. Maybe you've heard of it?

Anyway, I know the cops around there are terrible.

I'm not sure if pulling you over was a crime, because cops will pull you over just to do so.

However, bringing the dog to sniff in your car is definitely something you should bring into court. That is absolutely unfair unless the drugs were in plain sight or you were visibly under the influence of drugs, which it doesn't seem to me like you were, because then you would have been speeding.

I know for a FACT that Cookeville does not have standard procedure drug dogs. He lied to you about that. My dad got pulled over there once for speeding, and all we got was a friendly warning.

Bringing the California license plates into the picture will be a good idea, too. The cop probably saw the type of van and the license plate and profiled you for no particular reason other than being Californian.

Also, if the dog did not make any response, the police officer is not allowed to search the car.

You had better save up for a good lawyer, though, because Tennesseans can be tough with out-of-state people.

I'm guessing that Dawn won't get that big of a punishment since it's her first offense, but Tony, you could be facing jail time.
 
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