Illegal Search and Seizure. Violation of my 4th amendment right.

Discussion in 'Legal Issues' started by Inhale, Aug 3, 2007.

  1. Inhale

    Inhale New Member

    I was sitting at the park and someone who looked under aged was smoking a cigarette, He was 18 and provided ID. He then started to search the rest of us. We we're not smoking at all in public and I hadn't even taken it out of my pocket. He got to me last he said to empty your pockets. I told him. I will not let you search me an violate my fourth amendment right. He grabbed my hands behind my back and cuffed me then patted me down. He took .001 grams and a rolling paper. Then he put me into his squad car. Where I sat for an hour till I was picked up.

    Can I sue him?
     
  2. troublemaker420

    troublemaker420 New Member

    Yopu don't sue officers when they violate your rights. Your best bet is to get an attorney to attempt to get the charges dismissed in court. However, if he officer had any sort of probable cause, the search was legal. Also, just because he didn't tell you what that probable cause was, doesn't mean he didn't have enough to search you. they ARE NOT required to inform you what their probable cause is. thats yet another thing to sort out in court.
     
  3. leetyakuza

    leetyakuza New Member

    That is pretty freakin' stupid of the cop, yeah get an attorney.
     
  4. Inhale

    Inhale New Member

    California is a $100 ticket, and since it was such a tiny amount it will probably get dismissed. If they want to pound me I will though.
     
  5. blondie0420

    blondie0420 Locks of Gold

    Get an attorney for what? The cop most likely didn't do anything wrong.

    You guys were sitting in a public park. You do realize that probably looks suspicious, right? It's not like you were having a picnic in a field. All they need is one report of suspicious activity in the area and that's probable cause right there.

    In most circumstances, cops don't search unless they have probable cause. They know the laws too. They don't get anything out of conducting illegal searches because in the end, they know the charges will be dropped.

    Did you even get arrested or charged with anything? Cause if you didn't, trying to "sue" the cop (which you really can't even do) is going to do nothing more than cause you more trouble.

    And what exactly is .001 grams of weed anyway? A couple of bits of shake? That's nothing. Even if you did wind up in court, charges would most likely be dropped because it's such a tiny amount.

    You say you waited an hour until you were picked up, so I'm assuming the cops just called your parents and had them come get you. Rather than being pissed off that you had to have an awkward drive home with mommy and daddy and a stern lecture when you got home, why don't you thank your lucky stars that something worse didn't happen.
     
  6. Zandijuana

    Zandijuana Member

    Fiesty. I'd get an attorney if it goes beyond a ticket. If it was a simple ticket i'd throw it under the Shit Happens category.
     
  7. THC Fiend

    THC Fiend Wonko the Sane

    He'll make up probable cause.

    That's the way the government you elected works. And blondie there's a difference between a reasonable suspicion and a probable cause. But they will make up probable cause so it doesn't matter that there's a difference.

    "I smelled marijuana." Probable cause. They'd believe him too since he found those papers.

    Wait, did you even get charged with anything?
     
  8. ITG

    ITG Ardent Dilettante

    Since when is sitting in a park suspicious? You think those benches are there for decoration? You don't need to have a reason to be enjoying a public park. You can just do it.

    And it doesn't sound like you have much to worry about, inhale. Did you even get a ticket or summons or anything? It might've been a dick move on the part of the cop, but let's be honest, there's no reason to go raising hell if the worst you get is a ticket.

    And THC Fiend, saying you smell marijuana in a public park will very likely not be accepted as probable cause. It could have been anyone. He might've chosen to examine their group because of the cigarette, but after ascertaining that it was a cigarette and the kid was over 18, he would have no more probable cause for them over anyone else in the park. It's probable cause if you pull over a car and the car smells like MJ, because that's more isolated.
     
  9. NachtSorcier

    NachtSorcier New Member

    How is simply sitting in a park suspicious? If you happen to be holding a pipe or there's a smell of weed about, that's suspicious, but is simply existing probable cause?
     
  10. THC Fiend

    THC Fiend Wonko the Sane

    I was under the impression that scent was always a probable cause to search. Not to arrest, but simply to search. Then he finds a tenth of a gram of shake and you're screwed.

    If I was a cop, sitting in a park at night would be a reasonable suspicion.

    Again... it doesn't matter what he says for the probable cause... he'll make something up.

    "I caught them rolling a joint." Probable cause. Not looking good for you because of those papers he found.
     
  11. blondie0420

    blondie0420 Locks of Gold

    Ok, playing on the swings -- not suspicious. Playing soccer on the field -- not suspicious. Having a picnic -- not suspicious. Playing fetch with your dog -- not suspicious. A group of young kids sitting around just smoking cigarettes -- somewhat suspicious, no?

    Around here, cops patrol the parks all the time because they're actually not that dumb. They know kids go there to smoke weed and drink and party, so they check the areas for that sort of thing on a regular basis.

    The cop checks everyone for ID, and this kid gives him lip. Sorry, but what the fuck else did he think was going to happen? If you're going to talk back to a cop saying, "Don't search me, that's a violation of my fourth amendment right," you'd better be damn sure that you've got a clue what the fuck you're talking about.

    THC Fiend, .1 grams is a tenth of a gram, .01 grams is one hundreth of a gram. Our OP said he was caught with ".001 grams" which would be one thousanth of a gram. That's not enough to fill the gaps in your teeth.
     
  12. Insaneteacher

    Insaneteacher Fare You Well

    sure it looks suspicious but that doesn't give the cop probable cause to search someone does it? i mean don't get me wrong i'm no lawyer but that seems a little out of line. and just because someone asserts their right doesn't mean they're talking back to the cop. since when is it wrong to assert your rights? you mean to tell me you'd just sit back and let them search you without saying a word?
     
  13. troublemaker420

    troublemaker420 New Member

    Theres a great many details we know NOTHING about. With so many variiables, its about impossible to ascertain whether or not the officer had PC or if the search was justified. And fiend, for all we know, the officer didm't have to lie in order to justify the search.
     
  14. Jdezle21

    Jdezle21 Jr. Member

    Maybe, but not enough so to search someone I don't think (and if it is it shouldn't be) I mean who are the police to say that being in the park and not swinging or some other thing is enough to search someone?


    he checked the "underage looking kid" for ID. (which is fine since he was smoking a cig) then decides he should now search everyone. The OP said he did not consent to a search because he never gave the officer Probable Cause. (as far as he knew) So he had every right to state he felt his rights were being violated. (which I agree with) so what part of that made you think he was "giving lip" or "didn't have a clue what the fuck he was talking about." Unless of course that last bit of your post was general advice rather than your view on this particular situation.
     
  15. PeregrineFalcon

    PeregrineFalcon I am the Penguin!!!


    Agreed Boss. I don't think that saying your rights is giving lip. Illegal search and seizure is illegal search and seizure. But unless you get charged, don't bother pursuing it. You already stick out enough, keep a low profile.

    Its not the big shit they catch you for. Its the small shit man. Al Capone got busted on tax evasion. Gotta friend who was moving a couple lbs a week. Got busted cause he had a bong sitting in his backseat. Was only leaving it there for like five minutes while he went to pick up some groceries. Came out and walked to his car, cop comes out of nowhere.
    "This your car?"
    "Yeah."
    "This your bong in the back seat?"
    "No."
    "I am going to search your vehicle at this time." Probable cause. Later on cop found a 1/4 lb of WW in the trunk under the tire. Worst frickin place to put it, other then the back seat :p. Anyway, that was it for him. Hes still doing time.
    Moral here: Don't be stupid, be a smarty, come and join the Nazi party! (Bones to anyone who gets that reference. Its not as bad as it sounds.) But honestly, know your rights and don't get caught with your pants down. Weed ain't worth getting busted over. Of course, if your in a DC state then its OK to get caught with a small amount, but still, don't want to get your name on the radar.
     
  16. OpiaticSchism

    OpiaticSchism Jr. Member

    I still fail to see how a group of kids sitting in a public park hanging out looks suspicious. If that's suspicious, then the cop should go into any mall and bust anyone sitting around talking and not doing anything else. Same with those benches at the front of Walmart.

    It's a public park for christ's sake. People hang out there.. that's what it's for. You don't -have- to be using the swings or the basketball court, etc.. in order to be there. That's why it's public property.

    And I'm not even going off of the OP's story.. I'm going off of the replies that said 'people sitting in a park looks suspicious'. Because that's just ridiculous.
     
  17. Hookahs

    Hookahs Banned

    I would like to know more facts about what exactly happened, but the OP isn't responding.

    But around here most of the parks close at night ( not supposed to be hanging out there). If this was the case, then yeah, it looks suspicious that a group of kids are hanging out at a park in the middle of the night, and yes a cop will give you grief for it.
     
  18. OpiaticSchism

    OpiaticSchism Jr. Member

    If it was at night, then by all means the cop should have stopped. But that's not the context that the argument was started in. Someone said that it was suspicious for a bunch of kids to be sitting around in a park, and that is just ridiculous
     
  19. FakeBoobsRule

    FakeBoobsRule Nice legs are a must (LC)

    From Phuzz's sticky on Search and seizure:

    2. When can a police officer "pat me down?"

    According to Terry v. Ohio (US Supreme Court), a police officer can conduct a limited "pat frisk" of your person if he has reasonable suspicion that you are armed and may be presently dangerous. This limited "pat frisk" means that he can pat the outside of your clothing, but may not search underneath your clothing or inside of pockets.

    If the police officer feels an object during the pat frisk that he reasonably believes may be a weapon, he may remove that object for further inspection.

    If the police officer feels an object that he does not reasonably believe is a weapon, he may NOT manipulate in order to determine what it is. However, if he feels an object that--although not a weapon--is immediately apparent as being contraband, the officer may seize that item and it will be admissible.

    3. When can a police officer search my person/pockets/etc.?

    A police officer can search your person for evidence or fruits of a crime if you give him consent to search your person. He can also search your person incident to a lawful arrest (meaning, right after you have been arrested). He can also search your person if he has a search warrant to search you. He can also search you without a warrant if he has probable cause to believe that there is evidence or fruits of a crime on your person, AND that there are other "exigent circumstances." Exigent circumstances include many different things, but some of them include: if he has reason to believe that evidence will be destroyed if he goes to get a search warrant, if he has reason to believe that suspects will not be caught if he takes the time to get a search warrant, if there is a public safety emergency and he needs to search you in order to prevent death or bodily injury (i.e. you match description of subject who just pointed a gun at someone else nearby). There are a few other situations when a police officer could search you, but those are less common.

    10. Can a police officer put me in handcuffs even if he doesn't arrest me?

    Yes. A police officer can arrest you but not put you in handcuffs. And he can put you in handcuffs but not arrest you. He can put you in handcuffs if he reasonably believes that it is necessary for the safety of you, him and/or others. So, for example, if I roll up on a domestic disturbance, I may put both parties in handcuffs for safety's sake while I figure out what the heck is going on. Then, when I determine who the primary aggressor is, I can arrest that party and release the other one.
     
  20. NSTassel

    NSTassel New Member

    I think you have a very strong motion to suppress in that situation. A judge will not be impressed with the cop placing you under arrest for telling him you don't consent to a search. I don't think it's much of a civil suit though. Your damages are not huge and there was weed on you.
     

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