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Saturday, May 12, 2012

USA - Small town corruption

OFF THE WIRE
copblock.com
Guest post
We were stopped for no known reason by two officers and they asked to search my car. I told the officer that he couldn’t search. Then the officer told us that if we didnt let them search the car they were going to call the k9 dog. At that point I asked if we were free to go.
The officer told us we were not free go and called the k9 dog. I asked the officer if I could have my cell phone back with intentions of recording. The officer replied with a no and told us we would wait on the k9 dog. The officer said he could not give me my phone back for his own safety.
Thirty minutes later the k9 arrived. I was searched by one of the officers. Also, my passenger was asked to exit the car. The k9 dog came out from another officer’s car. The officer walked the dog to the front right side of our car. The new officer on the traffic stop tapped his fingers and motioned toward the car.
At that moment the dog began to walk down the right side and than jumps up on the side. The dog then had permission to move away from the car, while receiving a treat from the officer. The k9 searched for about three minutes and the dog also put a few scratches down the side of my black BMW.
The officers then tried to say that was “probable cause” to search the k9 ”indicated” there were drugs inside. Two officers than began to search everything in the car or involving it. A woman was in the car also (my passenger). Since she was a female there was an female officer called to the scene.
At this point there were now five officers involved. I had a little extra money in the car, due to seeing my lawyer earlier that day in Asheville, NC. One of the searching officers placed the money on the trunk of the patrol car while asking me where the money came from and why was it rolled and placed the way I had it. He then returned to the car and helped the second officer. Within minutes the same officer came out of the car with an object in his hand.
He insist that he found drugs on the inside. “We got you,” said the officer. A female officer searched the woman riding with me. While proceeding with their search we than were placed in handcuffs. We were read our rights and both taken into custody. At the first of the stop I was asked if it was my car and if I were responsible for everything in the car. I answered him with a yes. We both were charged with possession and illeg al drugs. Our bond totaled $30,000 each. If anyone has any advice for us on our case it would be greatly appreciated.
 
comment,
Reasonable suspicion vs. probable cause? taking 30 minutes for a dog to show up can be too long on a MV stop on reasonable suspension alone, Now probable cause is different but there is no mention of what the probable cause was?
We need to know that before anything else. Reasonable suspicion really only last during the MV stop itself, which if it was speed, then a reasonable time would be 10-15min max. Any longer and it can be construed as unlawful detention. There is more to this story just by the way you left out some very important details, like maybe a pipe, odor, maybe someone witnessed you in a buy, who knows? you left out details.
The benefit of doubt, based on what was written, the stop if there wasn’t probable cause, then I would argue unlawful detention if it did take 30 minutes for a dog to show up. Get discovery, get discovery. Some states, if there were 5 police officers on scene if they all didn’t submit a suppl. narrative for the stop, and it wasn’t found in discovery, then the case will be dismissed just for discovery. Just asked the ex-chief of Bellows Falls VT who was assaulted by a ex-NYPD on a MV stop. there was about 6 cops on scene from different agencies including VSP, but one of the officers on scene didn’t file a suppl. narrative to his actions, even if he didn’t do anything the narrative should have reflected that. So the assault case against the ex NYPD LEO was dismissed because of this discovery fault.