Arrest, Search, Seizure, Warrant Pulled over without probable cause

[jbtm]

About a month ago I was working at my Job as a pizza deliver driver. It was about 9:00 PM and I pulled up in front of a customers house to make a delivery. I walked to the front door made the delivery and as I was walking back to my car I noticed a sheriffs car (with only its parking lights on) driving up the street very slowly like he was watching me. I got in my car and drove about two blocks to the end of the residential street and made a right turn. The next thing I know the sheriffs vehicle is behind me with its lights on so I stopped. As I was looking in my rear view mirror I could see the sheriffs vehicle pulling up very close to the back of my car so I pulled my car up a few more feet (I thought he wanted me to keep driving to the parking lot a few blocks up the street to get out of the traffic) when I looked in my rear view mirrior again I noticed the sheriffs vehicle had stopped so I put my car in park. The sheriff walked up to my car and asked for my license and registration, which I gave him. He went to his car and came back and then accused me of trying to flee the scene. I told him I thought he wanted me to pull up, the way he drove up so close to the back of my car. Next he told me to get out of my car and sit on the sidewalk, which I did. He walked back to his car and then came back and told me there was a problem with my license. (my license is current and my driving record is clean). He then told me based on this and his claim that I tried to flee the scene, he needed to search my car. I told him if he had to he could. Inside my car he found half a piece of metal pipe which I use as a wedge to keep my car hood up when I am working on the engine. When he went through my glove compartment where I keep my tools (my car is old and always breaking down) he found a hole punch type tool, basically a metal rod with a pencil point tip and electrical tape on the handle. He claimed both of these were dangerous weapons, even though I told him I use them to work on my car. At this time another sheriffs vehicle had come to the scene. So they had me stand up and they searched me and put me in handcuffs. While they were patting me down the officer hit me with his hand between my legs and I flinched as a reaction. The officer did say "sorry' so I do not know if this was intentional. I asked the second officer what I had done to be pulled over, he replied " why are you asking me, he pulled you over" I did ask the same question of the first officer and he refused to answer me. Then they put me in the back of their car. Next the second officer went to his car and came back with a book and put it on the hood of the car I was sitting in and both officers stood there looking through it. I could hear the officer who pulled me over keep asking the second officer can we charge him with this or maybe this. I guess neither one of them could figure out what to charge me with because the first officer got on his cell phone and made two calls and kept repeating his claim I tried to flee the scene and I had weapons. This went on for about twenty minutes. I could then hear him say no one knows what I can charge him with. Then the first officer opened the back door of his car where I was sitting and pulled out a card and read me my rights. He then said "do you want to tell me what you are doing with those things in your car" So I told him again, (for the third time) I use them to work on my car. Then he told me since I seemed like a nice guy and had cooperated with them they weren't going to arrest me. He told me they were however going to turn this over to the district attorneys office and they may prosecute me. He then asked me for my phone number because the district attorney would call me and let me know if they were going to file charges. I asked if I was going to get a receipt for what they were taking and he told me no. All I got was a small piece of white paper with his name, badge number a DR# and cpc 12020 dangerous weapon. I asked for a printed business card with his name, and he replied " I am sorry its an inconvenience to you but I am out of cards.) I wasn't sited for any traffic violation or ever given a reason why I was pulled over. I was wearing my delivery uniform and carrying a delivery bag so the officer had to have known I was delivering pizzas. I have no criminal record nor have I ever had any problems with the law. My question is what do I do now, if anything.

 

[lwpat]

Unfortunately there is nothing that you can do. Any officer can come up with probable cause for a traffic stop. He could easily claim you turned too fast or did not come to a complete stop, etc. You can complain to the department but if you are from the area that may only lead to more harassment.

If you are eventually charged, which is unlikely, you can move to have the evidence dismissed for lack of PC.

You don't give your age but I assume that you are a teenager. Your parents may want to go talk to the supervisor at the department. My personal experience is that they will get defensive and then really try to stick you with something. My suggestion would be to complain to someone on county council and have them keep your name and the particular incident out of it.

When you are pulled over immediately put on your flashers, stop as soon as you can safely, turn off the engine, keep your hands on the wheel, roll down your windows and at night turn on the interior light.

This is all based on your perception of how things went down. From my experience that may not be the entire story.

 

[jbtm]

Thank You for your reply. I am actually 40 years old and this is a second job I have to help me cover my bills. The facts that I stated are exactly how the event took place and not my perception. As I had stated I was not cited for any traffic violation or ever given a reason why I was pulled over. I did consider filing a complaint but as you stated I could be in for more harassment, since I work and live in the area and the officer has all my personal information. I due however feel the officers actions are illegal and I hate to see him get away with this and contunue to do it to other motorists.

Unfortunately there is nothing that you can do. Any officer can come up with probable cause for a traffic stop. He could easily claim you turned too fast or did not come to a complete stop, etc. You can complain to the department but if you are from the area that may only lead to more harassment.

If you are eventually charged, which is unlikely, you can move to have the evidence dismissed for lack of PC.

You don't give your age but I assume that you are a teenager. Your parents may want to go talk to the supervisor at the department. My personal experience is that they will get defensive and then really try to stick you with something. My suggestion would be to complain to someone on county council and have them keep your name and the particular incident out of it.

When you are pulled over immediately put on your flashers, stop as soon as you can safely, turn off the engine, keep your hands on the wheel, roll down your windows and at night turn on the interior light.

This is all based on your perception of how things went down. From my experience that may not be the entire story.

 

[CdwJava]

Actually, a traffic stop requires only reasonable suspicion to believe an offense has been committed or is about to be committed - probable cause is the level of articulated circumstance that is necessary for an arrest ... a detention does not require the higher burden or articulable circumstances that an arrest for probable cause would.

I have no criminal record nor have I ever had any problems with the law. My question is what do I do now, if anything.

What do you want to do? If the DA wants to prosecute you, you will likely be arrested on a warrant for 12020. However, I doubt that's going to happen unless the "tools" (and I doubt that officer bought your story of their alleged use as tools any more than I would) were found within reach of the driver's seat or concealed in such a way and place that they were readily accessible as weapons. Remember, "tools" are usually in a tool box and even then, usually in the trunk ... when they are wedged between the seats or underneath them, we call them weapons.

Whether he had good cause to make the stop or to search the car is a matter for the court to decide. If it goes to court, your attorney can access the report and in that report it would presumably articulate the reasons for the stop and the search. These reasons could then be challenged at court.

At this point, you wait and see.

- Carl