Illegal car search from pigs?

[[nnc]Achilles]

So im sitting in my car waiting for my friend,when im surround by 4 police cars.They tell me to get out of the car,they search and cuff me and put me in the back of there car,my paintball gun is in the front seat.They said someone called and said i was loading a shot-gun and they said i fit the description.So they saw there was a misunderstanding between the shotgun and my paintbacll gun cause it was dark.So im still sitting in the back and they are ripping thro my truck and just searching the you know what out of it.On top of that they took a brick i had out of it.All this happend when i was in the back seat of the police car.Is this an illegal search,and if so can i get some money out of it?

[Horsepower Profile YIM]

ask a lawyer, not a bunch of gamers.

[Chacal Profile Website]

Whether it was wrong or not, there's no reason for suing for money. This lawsuit craze in the USA is ridiculous. People like you bog down the judicial system for personal greed. Go fight for a better protection of citizen's rights instead.

Oh and carrying any kind of gun in plain view in the current situation is just asking for trouble. You should have known better.

[B]

The Fourth Amendment to the United States Constitution provides for a citizen's protection against unreasonable search and seizure in the United States. Case law has maintained that until an arrest has occured, law enforcement are required to gain a warrant before they can effect a search. However, searches are premitted under the "plain view" and "open fields" doctrine that allow an officer to seize evidence that is located where there is no expectation of privacy. In addition, there is an exception for "exigent circumstances" where the officer reasonably believes that a suspect may destroy evidence. Otherwise, an officer can only effect a search on the basis that there is "probable cause" that a crime has been committed. What a police officer can see before an arrest is only what he/she can search. Without a warrant, the officer is breaking the laws of the constitution.


So the point is.. They had probable cause and if they think you have a gun and they are in fear of their safety or the safety of others, you can't do a damn thing. Don't get to sue happy, cause you already lost the case.

Btw...Crimedog and g@mcok are cops and DocTrebor is in law school, if you see them ask them.

[Conscious* Profile]

It's probable cause, you won't win in court don't bother. Nor should you, just unlucky circumstances, and why your carrying a paintball gun in hte front seat of your car i wont ask, I've always heard to leave it in the trunk to keep from plainview, keep it in the box/case unless you are driving directly to the place or house your playing at.

[Slaughter2 Profile]

Originally posted by Conscious*
It's probable cause, you won't win in court don't bother. Nor should you, just unlucky circumstances, and why your carrying a paintball gun in hte front seat of your car i wont ask, I've always heard to leave it in the trunk to keep from plainview, keep it in the box/case unless you are driving directly to the place or house your playing at.

agreed, my dad was a chief for 40 its probable cause

[[nnc]Achilles]

Im kinda low on money and desperate for anything.This isnt the only time ive had a run in with the cops and both times they were complete dickheads like i was a murderer or something.On top of that they took stuff out of my car and then tried to say my car was stolen and then lied and sayed my friend said it was his car.I had the paintball gun in the front seat cause we were on our way to gateway paintball to refill and fix our guns.The gun was in plain view and they didnt have to rip thro my glove departments and rearange everything in the back and not put stuff back where they got it.Its just pllain wrong and humiliating.

[Conscious* Profile]

You might have a case then, but getting it from the you is differnet then the cops side of the story.

[Siren Profile]

Cops dont work in your local customer service industry...they dont have to be polite, for one. And when investigating something they have to treat it seriously and potentially dangerous.

For two, carrying anything that resembles a gun in plain view is definitely probably going to provoke something like this. If someone reported it, police HAVE to investigate...if they say 'oh, its just a paintball gun, nevermind' and someone one day DOES have a gun, the cops are then blamed for not doing their job. Be glad they take the time to investigate into these things...they defintiely dont do it just out of boredom.

And being low on money as a part-motive to try and sue for this???!! Ugh....You've got to be kidding me.

[SavageParrot Profile]

Drive by grafitti?

[Tommy Boy Profile]

what was the deal with the brick on your car?

[LordShard]

Originally posted by Chacal
Whether it was wrong or not, there's no reason for suing for money. This lawsuit craze in the USA is ridiculous. People like you bog down the judicial system for personal greed. Go fight for a better protection of citizen's rights instead.

Oh and carrying any kind of gun in plain view in the current situation is just asking for trouble. You should have known better.

Actually no. Having a gun in plain sight is LEGAL without a permit. THat would be NOT probabal cause because loading a shotgun is NOT illegal. Now if you start aiming the gun at people or doing stupid shit with it that would be brandishing a weapon and that IS a crime. If you had a shotgun and covered it up so it isn't in plain view, that is illegal too unless you have a permit for a conceled weapon.

SO yeah, I would talk to a lawyer. At least this is my understanding of the laws in my state (Virginia). Not sure if they are the same there where you are.

[[nnc]Achilles]

Well them saying they were gona tow my truck and put me in jail cause they said my truck was stolen was definitly a no no.And i had a brick in my car cause we were being chased by a dog last weekend and we took it with us.And someone calling mistaking a paintball gun for a shot-gun is ok but they didnt have to tear thro my truck and not put things back.And keep me cuffed for a half hour while they do it.And im just trying to get differant ppls opion cause i know paintball guns are legal."would it be right to sit out side a paintball areana and arrest ppl who walk out and entered there cars with em"and if they were a weapon they would of took em.

[DocTrebor Profile]

The officers didn't need probable cause for the search. They simply needed a reasonable suspicion that "crime was afoot" (from Terry v. Illinois), or could rely on the public safety exception. After initiating a traffic stop case law provides that all parts of the car can be searched, even the trunk and glove comparment, especially if it is under the pretense of a search tantamount to a lawful arrest. There really is no arguing this one.

[LordShard]

Originally posted by |RS|DocTrebor
The officers didn't need probable cause for the search. They simply needed a reasonable suspicion that "crime was afoot" (from Terry v. Illinois), or could rely on the public safety exception. After initiating a traffic stop case law provides that all parts of the car can be searched, even the trunk and glove comparment, especially if it is under the pretense of a search tantamount to a lawful arrest. There really is no arguing this one.

You could goto court and ask them why they thought crime was afoot. Then after seeing that he didn't have a shotgun ot any lethal weapons they continued.