Searched Without Probable Cause In AZ

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kevlar442

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Hello,

I definitely need some advice/contact. I was returning from vacation in Phoenix today(I live in Northern New Mexico) on US 40 and was pulled over for going 80 in a 75mph zone. I gave the Arizona DPS officer my license and rental contract (rental car). He returned from his vehicle and asked my to step out of the vehicle; I walked to his vehicle and signed the written warning for speeding. He gave me my copy and then asked to search the vehicle; I replied "I don't consent to searches". He immediately frisked/searched me and called for a K-9 unit (took 50 minutes to get there). As we were waiting for the K-9 unit I asked what was suspicious about me and he replied "your hand was trembling". The K-9 officer did his thing and the dog jumped on the trunk, signaling a positive sniff I guess. They then searched the car for 20 minutes and found nothing as there was nothing to find. Hopefully there is something that I can do as this was a blatant violation of my rights.
 
What is it you want to do? From a practical point of view, about the best you can do is complain or maybe make an issue of it in the media.

If you have the money, consult an AZ attorney and see if there is a claim that includes statutory damages. If not, then litigation might be quite expensive and not nearly a sure thing.
 
I would at least like to file a formal complaint. They are operating like probable cause doesn't matter. Maybe I should just bend over next time?
 
These are commonly known "drug traps".

Most state agencies, some county sheriffs operate these stings in areas purported to be active drug shipper lanes.

You are free to file your complaint with the AZ DPS, contact your state elected officials, the media, or a private attorney.

Any citizen, regardless of age, gender, ethnicity, or nationality, who witnesses or has knowledge of police misconduct, may file a complaint. Misconduct may be defined as actions which are in violation of state or federal law, violations of departmental policies or procedures. Generally, complaints are filed through the supervisor of the involved employee, however you may also file a complaint through any supervisor, the department's Duty Officer, the Professional Standards Unit or by mail.

http://www.azdps.gov/services/Complaints/

Be advised, now that your contact details are in their systems, you might be getting STOPPED more frequently, rather than less frequently.
 
kevlar442 said:
I would at least like to file a formal complaint. They are operating like probable cause doesn't matter. Maybe I should just bend over next time?
Click to expand...

If you want to do that then make sure you do so in writing. Many agencies have a specific form they like to have filled out. Contact them and ask for one to be mailed to you.
 
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