Arrest, Search, Seizure, Warrant stopped for no cause and trunk searched

[trlymystified]

My 18 year old daughter and her boyfriend drove her car to her boyfriends residence. When they pulled in the driveway an unmarked police car pulled in behind them. The police officer told them that there was a complaint filed two weeks prior that her boyfriend had guns in the trunk of the car. They requested to search her vehicle. My daughter allowed them and they checked the trunk finding nothing. They never searched the rest of the vehicle and they had not been stopped for any traffic violations. During the police search my daughter asked the officer who had filed the complaint as well as how to go about filing a complaint as this is not the first time her boyfriend had been pulled over while driving her car for no reason. The police officer would not answer her questions. But they did contact her father (as per her father) after they stopped her to tell him about the complaint. My daughter resides in a small community in NY State and the police stops have been happening since she and her father have been at odds regarding her boyfriend. Her father has an auto repair beusiness and does alot of work for the local police department. What are my daughters rights regarding illegal stops and searches and how do we pursue action to stop this from continuing?

 

[robspinger]

Tailgaiting cop in unmarked vehicle

I was driving in the early morning hours on a very rural road. I approached a white 4-door sedan traveling between 30-40 mph. I followed this vehicle for approximately 4-6 miles. On a straightaway section of road, without oncoming traffic I proceeded to pass the vehicle. I pulled back in to the right hand lane and checked my rear view mirror. The white sedan then increased its speed, from the original speed it was traveling at before I passed him, and started to travel very close to the rear of my vehicle. This was the first action that caused me concern.
I proceeded to travel at what I thought to be a safe speed and felt that the other vehicle was extremely close to the rear of my car and following in a hazardous manner. The vehicle never gave me enough space to make me feel safe. After passing him I knew that the person in the vehicle saw that I was alone in my vehicle. I am new to the area and people have always told me never to stop on the Agness Road. I felt threatened and scared for my safety. I was initially out of cell phone range and once I was in range, I realized that my battery was dead, so I was unable to call 911 for assistance.
Further down the road I approached an area where a truck/camper pulling a boat was traveling in the same direction at approximately 20 mph. At that point, I felt that this was my only chance to distance myself from white sedan. There was no oncoming traffic and I proceeded to pass the vehicle, hoping that they would not do the same. But he also passed and then increasing his speed to catch up with me and again tailgate my car. This action frightened me even more.
As I approached the junction, I stopped then made a left hand turn onto the Hwy southbound. I then made the immediate right hand turn into the Port knowing that there would be people in the area. The vehicle proceeded south on Hwy 101, taking a deep sigh of relief. As I headed back southbound I saw the same white sedan traveling very fast towards me in the same lane as I was in. He pulled his car in front of mine, jumped out of his vehicle very aggressively and was demanding me to get out of my vehicle. Having no idea who this man was, I attempted to pull through an empty parking spot. He started waving his hands in the air and attempted jumped in front of my vehicle. Thinking that I was going to hit him, I stopped. At no time did he ever show me a badge or identify himself as a Sheriff's Deputy. To me he was dressed similar to the U.S. Forest Service personnel.
He demanded that I get out of my vehicle and remove the keys. Still in shock, I complied and a walked around behind my vehicle as he walked back towards his vehicle to remove it from the center of the road. Still never identifying himself as a Sheriff's Deputy he proceeded to get into my face and raise his voice. From manner of his voice I could tell that he was upset and angry.
Shortly after he removed his vehicle from the center of the road, a Sheriff's Deputy Patrol vehicle pulled to the passenger side rear of my vehicle and stopped on the roadway.
The man still had not identified himself and I felt that he was continuing to harass me. As I walked around to the opposite side of patrol vehicle in an attempt to get away from him, he started yelling at me to get back and stand behind my vehicle. I only realized who this man was after he made the comment to me, "I am his boss and he is not going to talk to you".
A few minutes later the Deputy came over and issued me a citation for "Careless Driving" and "passing in a no passing zone". He asked me if I had any questions and I replied "Yes, but I will handle them in another manner". I said "thank you" and left the scene.
During this entire incident my only thought was of my self-preservation. I was scared and frightened. I thought that my life was in danger and I was only trying to protect myself. I feel that this deputy wsa completely out of control. What do I do now?

 

[refusetostop]

In this state an officer cannot issue a traffic citation unless he is in a marked patrol car. The fact that he had a marked patrol vehicle stop at the location also would not matter. The officer in the marked patrol clearly did not see you make any violation he was just writing a citation based on what the other officer said. An officer cannot write a citation unless he witnessed it. I am not sure if this is the same in your state but I would check into it. If this is the case and you win your case I would then file a complainant with the departments internal affairs department against the officer.

 

[Eaglesshamen]

try this

Go to the sherriffs dept and request the name and badge number of the under cover police office and advise them that you wish to talk to the Officer in charge to make a complaint on said officer. for harrassment. and failure to identify himself. as well as failure to follow SOP ( standard operating prosedure) make a report of his tailgating/careless driving Make sure that they know that you mean to press charges. A police officer is Has to abey all laws just as you do, however they count on the fact that You as a citizen are afaid, or lack that knowledge, and wont go throught he process of charging a police officer