Arrest, Search, Seizure, Warrant was it illegal seizure or search?

Status
Not open for further replies.

becca74

New Member
my boyfriend was stopped for a traffic stop. the officer said he was doing 50 in a 35 per calibrated speed on his odometer. He was pulled over at a gas station. A K-9 unit was there within 2 minutes. They walked the dog around the car and in the report alerted to the scent of narcotics. they asked him to step out of the car to sign a ticket for speeding. He said that he could sign it out of the car. He had called me on his cell phone so i heard what they were saying to him. they told him it had to do with some law that he had to step out and sign it. When he got out of the car they read him his miranda rights. they then asked to search his car. he said no. They also asked to search him. Again he refused. The officer that stopped him reached in from behind and went into his pockets and made him jump at which time the other 3 officeers there held him down while he searched. they found a bag containing 17 rocks and some marijuaina. He was charged with poss. w/intent to distribute and resisting arrest w/out violence because he put the handcuffs in front of him while in the car. My question is did they have the right to search him or bring the dogs over a simple traffic stop. The officer said that he saw him doing something in the passengers seat when they stopped but he has dark tinted windows. Also they say in the report that he kept clutching his left pocket. I dont believe that there was any reason to believe he was carrying a weapon and a simple patdown would suffice. they also seized his car and some cash. Are they justified with doing any of this? Thank you for your help
 
Status
Not open for further replies.
Back
Top