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threatened that they will tow my car

Discussion in 'Parking Tickets, Towing, Impound' started by placeholder, Mar 22, 2019.

  1. placeholder

    placeholder Law Topic Starter New Member

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    On the 16th of March I was pulled over for a vehicle violation, my tag lights where out. during the stop he took me out of my car. They end up bringing the drug sniffing dog. he told me he never had so many negatives. Then he went ahead and threatened that they will have to tow my car to get a search warrent.
    is this legal? I ended up signing my 4th away(I was clean anyway). I didnt give them PC that their was anything in the car.
     
  2. flyingron

    flyingron Active Member

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    No, it doesn't work that way. First, they have to get a search warrant and then they can tow the car. In fact, they only have the thinnest of grounds to continue the stop pending the dog search. Of course, cops are by and large allowed to lie to you.
     
  3. zddoodah

    zddoodah Well-Known Member

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    Is what legal?

    Is it legal that the cop "pulled [you] over for . . . [your] tag lights [being] out"? Of course it is.

    Is it legal that the cop detained you longer than was necessary to write a ticket for your tag lights being out so that the drug sniffing dog could be brought to the scene? We have no way of knowing because your post doesn't include sufficient factual information about why the cop did that.

    Is it legal that the cop "threatened that they will have to tow [your] car to get a search warrent [sic]." Yes. Would it have been legal for the cop to have followed through on that threat? We have no way of knowing. Also, your post doesn't say that your car was actually towed, so analyzing a hypothetical situation seems awfully pointless.
     
  4. placeholder

    placeholder Law Topic Starter New Member

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    I wouldn't want to answer any questions about drugs at all and it brought their suspicion up. The dog arrived pretty quickly to the scene(for sure long than it would have took to write me a ticket) I told him I didnt want to wait for the dog. it took forever for the dog sniffing and the coerced signing away my 4th amendment than the search. Remember I didn't have any contraband in my car.
    They did end up searching my car and once they came up with nothing to charge me they did let me go once i asked if I was free to go. I made sure to let them know from the beginning that the stop was not consensual.
     
  5. placeholder

    placeholder Law Topic Starter New Member

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    doesnt the 4th amendment protects you from cohersion from the police
    https://www.google.com/url?sa=t&source=web&rct=j&url=https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=6175&context=jclc&ved=2ahUKEwiUyc2w35fhAhVws1kKHUnCCzgQFjAOegQIChAB&usg=AOvVaw1rbz_58zNlUVZ4YhDKcsOj
    from wikipedia"duress or coercion refers to a situation whereby a person performs an act as a result of violence, threat, or other pressure against the person. Black's Law Dictionary (6th ed.) defines duress as "any unlawful threat or coercion used... to induce another to act [or not act] in a manner [they] otherwise would not [or would]". Duress is pressure exerted upon a person to coerce that person to perform an act they ordinarily would not perform. The notion of duress must be distinguished both from undue influence in the civil law. In criminal law, duress and necessity are different defenses.[1][2]"
     
    Last edited: Mar 23, 2019
  6. flyingron

    flyingron Active Member

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    Telling you that they could get a warrant to search your car isn't going to be determined to be undue influence on you.
     
  7. mightymoose

    mightymoose Well-Known Member

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    I agree you have not provided anything that reasonably indicates you were coerced or under duress.
    You gave them permission to search and remained present. You could have refused and left at any time. When you asked if you were free to go they allowed you to leave.
    There is nothing here indicating misconduct.
     

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