Jump to content
mims8888

Illegal search

4 posts in this topic

As unrealistic as this will sound it’s 100% true. My son has had issues with his neighbor who is friends with our night shift cops. Rephrase neighbor has issue with son. Property actually belongs to my father. 3 nights ago my son pulled in driveway had a friend with him. They got out of car and 2 cars pulled it. Son walked around to back of his car to see who it was because they were walking toward him and not saying a word. He saw it was 2 cops and the first words out of one cops mouth was hey dope head (he’s furtherest thing from that). My son asked what they needed and he responded we are here because the land owner called and said to arrest anyone on property. Son said call them that’s not for this address I live here. Cop said he didn’t care son tried to show him DL with the address cop wouldn’t look. Yes by this time my son had a temper not physical just upset. Conversation goes on a few mins and cop tells him to put hands on car pats him down and puts handcuffs on him and takes him to back seat of cop car. Once he sat him down he reached up and turned his body cam on. Then said what will I find in your car. My son said nothing because I’m not consenting and you need to explain to me what you are doing. Cop said taking you to jail for being here. After all that the one cop went and searched his car came back and said he found some marijuana.  It’s yet to be seen. Took him to jail. My son had not even turned his vehicle off. Cops called and had his car towed from his own driveway and left the car running. Wrecker service informed us of that. My father and I spoke to investigator. Asked why they even went there report said home said to arrest anyone there. My dad said no that’s me and not true. Police chief said somebody called and said they needed to check cars in that area investigator said it was just routine patrol and then Mayor said just be glad you know your son had some pot. I said well I don’t know that. Then Mayor said they didn’t turn car off because they didn’t want to get inside the car. This is all true. I’m 99% certain he was set up like that from the neighbor and his cop friends. Can’t prove it and really have no idea what to do. Cops are going to eventually come up with another story for probable cause or something. I know all cops aren’t bad but I also know that corrupt cops exist. If my son was wrong he would still be in jail and that’s what I told the Mayor and Police Chief who said well he was smoking pot. I wanted to say how do you know were you there but I didn’t. I excused myself because they immediately became defensive of their cops. This is wrong so wrong and these type cops shouldn’t be allowed to be cops. It would take forever to explain the neighbor and all his actions. However it’s a situation where you know it’s exactly something that person would do just because my son wouldn’t get rid of a dog that barked all night ONE night. Advice please. 

Share this post


Link to post
Share on other sites
On 12/2/2017 at 0:40 AM, mims8888 said:

Then said what will I find in your car. My son said nothing because I’m not consenting and you need to explain to me what you are doing. Cop said taking you to jail for being here. After all that the one cop went and searched his car came back and said he found some marijuana

In reading your posts,and assuming you have correctly stated all the facts,the officers involved had no right to search the vehicle,and they failed in their investigatory detention of your son,to rule out their suspicions that he had committed any crime,in this case Trespassing.

If they had took the time to look at his DL,they would have immediately be able to see,he lives there,and was not trespassing.

As far as finding the Weed,in his vehicle.Officers,making a "lawful arrest,"are allowed to do what is known as a "search,incident to an arrest."This search is not a search for evidence,but for the safety of an officer,like to seize any weapons within the suspects immediate reach,but it seems in your son's case,there are two problems,(1)the officer(s) failed to fully investigate,as noted above,and made an "unlawful arrest," and (2) according to your account of events,your son,was already handcuffed,and placed in the officer patrol car,so at that point there was no need for "officer safety."

Now in cases where,an arrest is valid,and there's a search incident to that arrest,any contraband,(anything illegal) found,they have a right to seize,and charge the individual,but the arrest itself has to be legal,and it seems in this case,it wasn't.

I know you mentioned talking to the Police Chief,and to the Mayor,but you need to file a formal complaint against the officer(s) involved,and consult with a good defense attorney.

One other point worth mentioning,if at the time the officers arrived,your son had been smoking pot,and the officer smelled it,well,that was probable cause there to search the vehicle,regardless of the initial trespassing investigation.This is very important,because regardless of weather or not your son was trespassing,if the officer(s) involved smelled pot,and then found more of it in his car,that would have made the arrest legal,but you can expect any trespassing charge to be dropped.

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

×