Illegal traffic stop last night

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Well,we all know that many police have ESP and x-ray vision, so they may have seen something from five blocks away.

Given the added information, I would have to agree that the stop and search was questionable at best. I've been there.

When I was a teenager, me and a friend were pulled over in Philthydelphia for going through a redlight that didn't exist. Of course I didn't argue with the LEO, as I didn't want to get busted for the beer under the seat. Luckily, he gave me a warning and told me to go back to the suburbs and stop "looking for trouble". Had he looked, I would have been in trouble, but he reallyhad no reason to stop me, except for driving while being young.

Anyway, I'm glad your passengers were clean, and you got to drive away.

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I think I will file a formal compalint with the district... just so they can check the video footage and make sure the officers acted according to code.

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HardChrome wrote:

Sounds like the officers knew the area and knew the people in the car. The most likely reason they knew them is from prior arrests. That was probably sufficient cause for them to search your vehicle without your permission. The officer probably asked so as not to be a butthole about it.

I'd be very careful from now on about letting a drunk person make decisions for you. Actually I'd refrain from being around anyone who drinks to the point of intoxication in the first place.

I'm not trying to pick on you but I suspect that I am a little older than you. I would have never been riding around with a drunk person in my car to begin with.

You could obtain a lawyer but it seems that there were no damages therefore nothing to be gained by any legal action. You might want to slap your buddy upside the head though.

But seriously though, I'm glad it worked out ok for you.

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Yep what he said, could it be they had probable cause and executed what is called a "John Doe" search warrant?

They obviously figured out that you were the actual victim here and put a real big +1 on slapping your buddy (with friends like him who needs enemy's) up sidethe head!!

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File a complaint. You have a witness so have him support your claim. Get a tape / video recorder anddocument future encounters if legal in you state.

I doubt your complaint will be sustained but...these things DO add up over time and cause an accumulative effect on the officers and dept. If people don't complain there is no record. GO complain.

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Sounds to me like they suspected you of buying drugs.

Here is what I see happened...

You are your drunk friend area just "driving around" for no real purpose so that your drunk friend can call out to people on the street and draw attention.

You happened to be in an area where the officers ride three in a car and recognise two drug dealers that you happen to be so graciousto givea ride. Why in God's name would you even let a stranger in your car if you need to carrya gun??

The cops seeing you picked up two drugdealers now have reasonable suspicionthat you are doing a drug deal discreetly in your car.They will articulate that your driving slow and calling out the window to two known drug dealers looked as if you were searching to score drugs. They stop to see if they can confirm their suspicions.

They discover you are armed! Gun and drugs go hand in hand and they have absolute authority to disarm you while you are being detained. Yes.. you were being detained as they investigated a possible crime. While being detained you have no right to be armed. The courts have ruled that the police have the right to work in a safe environment.

Now your friend just "happens" to get cuffed for no good reason. I suspect he was, as you identified, intoxicated and probably not doing as he was instructed and getting out of control or mouthy.

They asked for permission to searchbut this means ALL the car.They can still search for weapons in the car and do not need your permission for that. Just like the do not need your permission to take the gun off your person.



Suspicion of narcotics possession and distribution are circumstances which, standing alone, gives to an inference of dangerousness. See Williams v Commonwealth 1987.



Frisking for weapons based upon the exigency of protecting an officer's safety is not limited to a pat-down of the suspect but may extend to nearby vehicles.. or rooms or premises to which the suspect may retreat to secure a weapon.See Servis v Commonwealth 1999.



A search for weapons of the passenger compartment of a vehicle ispermissible if there is reasonable suspicion to believe that a dangerous weapon is quickly accessible within the vehicle. See Michigan v long 1983.


So you can complain all you like that it appears everything they did was proper. You should not have picked up two drug dealers. :uhoh:

IMO.... Chalk it up to experience and move on.

And shame on Cato for suggesting what he did as he should have known the case law exists that coverssearches like thismaking it proper. :? To file a complaint on someone doing their job for a mistake YOU made to put your self in that situation is asinine.