Posted on 02/24/2014 8:30:33 AM PST by highnoon
Both of the following events occurred in Williamson County Texas, in a small town with a Hippo Mascot.
The week of Christmas 2013 I was pulled over for ‘not displaying my blinker for more than 100 feet’. After the normal chit chat, the officer asked for consent to search my vehicle, to which I refused. I was told that K9 was in route and to wait outside the vehicle. K9 never arrived and after 15 minutes of waiting I was released.
Fast forward to Saturday evening 2/22/14. I pulled onto the roadway and was immediately followed by a member of the local police force, who after a few seconds turned his headlights off, then turned them back on. I stopped at an intersection with the officer behind me, proceeded forward when the light turned green and pulled into a Walgreens – the officer did not follow. I sat in the parking lot for 2 or 3 minutes then pulled out and went on my way. In less than a minute I was being pulled over.
Reason given was ‘non visible license plate’. He then asked why I had pulled into and out of the Walgreens. I responded that I was avoiding trouble based on the events that occurred the week of Christmas. He asked to search the vehicle to which I consented. I mentioned the presence of my prescription Adderall and after a VERY thorough search the officer completed his search. He emerged with my pill bottle and mentioned that the bottle was 2 years old, and that the contents (30 mg) did not match the label (20 mg). I was told that my pills were being confiscated and that I had a few days to speak with a detective, present a valid prescription for the pills or a warrant would be issued. I have the most recent Rx bottle – labeled for 30 mg and I’m preparing to visit with the detective when it occurred to me to ask some of you for advice.
I feel that I have a target painted on my vehicle due to the refusal to consent to the Christmas week search. I also feel that if the reason I was pulled over on Saturday was the LP light, the officer should have made the stop instead of playing cat & mouse with me. These are things I want to say out loud to them, but restraint of pen & tongue has me asking the members of FR first.
Any and all input is appreciated and valued. Thanks in advance.
HN
Unfortunately this is WILCO....county motto is “Come on vacation, leave on probation”
Between my woman and myself, 5 of our last 6 stops have been for lighting issues (blinker, LP light, etc).
All in Hutto/WILCO and over what time range?
Does your local PD use a plate ID scanner ?
http://www.policeone.com/police-products/traffic-enforcement/license-plate-readers/
We have a few departments here in Maine who admit to having them. Others won’t comment.
Solid advice.
Although I've never been an officer, I come from a family of police officers (father; mother; brother; nephews). Without exception, all of them advised that throughout a traffic stop, especially if asked to consent to a search of your vehicle which you must refuse, do so politely and calmly (despite any inner turmoil). Then be sure to ask -- politely -- if you are free to go and, if not, if you are being detained. Some officers may get "huffy", but maintain your composure, be polite and you'll do just fine almost always.
” And incase You missed it
GET A LAWYER!!! “
What are you? One of those anti-police freepers who belong on DU??
(Just getting it in there before some of the Boot Licking Freepers start whining about how unfair you are to the policia )
You’re being harassed. Get an attorney, any attorney if money is a problem. Find a local attorney who specializes in Civil Rights / police brutality, etc.. and make an appointment for a free consultation.
They are agents of the government..Never consent to anything.
The courts ruled that the “reasonable period” was not for the arrival of the K9 team, but for a standard stop including the ticket. I think it was an appellate court out of Chicago that found that period to average 12-13 minutes. If they happen to get a dog there during that time, fine. But they cannot detain you JUST to wait for the dog unless they have PC.
Remember these words:
“Am I being detained, or am I free to go?”
There’s no “grey area” on that answer. They are either detaining you, for which they have to have a warrant or probable cause, or you are free to go. It’s literally that simple.
“I do not consent to any searches.”
This includes DUI tests. Your license might state that a condition of your driving privilege is that you consent to any sobriety tests, but that does not preclude your right to assert your 5th amendment right again self-incrimination. At worst, you’ll have to get a hardship license. At best, they’ll send you on your way.
“I wish to assert my right to remain silent.”
Even if you just rolled down your window to hand the nice officer your license and registration, you have the right to sit there, eyes front, hands at 10 and 2 and be completely silent. You don’t have to answer a single question. If they ask, just tell them that you are asserting your right to remain silent. It’s a right extended to EVERYONE, regardless of their reason for being on the road or anywhere.
The police do not have a right to ask you any questions, and if they want to search your vehicle, you either have to give them your consent or they have to produce a warrant. Even a K9 “hitting” on a scent from your car is not a right to search your car, it’s probable cause which is grounds to get a warrant. That is all.
Consenting to the police NEVER ends well, and you’ve learned that lesson first hand. They are in the business of revenue generation in the form of fines, probation costs, etc. They are NOT in the business of protecting you.
I got on the 'wrong side' of a 'pillar of the community', and now am being harassed all the time here in Red Hampshire. My wife and I live in fear 24/7. Sometimes getting the hell out is the only way to save your life.
If they ask you to get out of the vehicle, can you legally refuse?
He asked for permission to bypass legal procedure to search your car for a reason to charge you with something, and you let him? And he did. The police are conditioning us so that if you dare to exercise your civil rights, the hassle will not be worth it. Also to get used to seeing police in military dress with weapons of mass destruction.
Nothing good happens in public after dark.
Don’t even associate ME with du.
I know The Williamson County LEO all too well.
95% of ALL LEO are NO LONGER worth a pile of Dog Cr^p.
The kicker is that there is no legal definition as to what constitutes reasonable.
Ah the 95% that gives the other 5% a bad name.
Good thing he found nothing then, ain't it?
You're just lucky he didn't plant something felonious to "find".
At least not this time.
From one of my favorite sites.
The original case was years ago, but cops are still doing it:
http://fourthamendment.com/blog/index.php?blog=1&p=9248&more=1&c=1&tb=1&pb=1#more9248
I had a K9 'hit' on my property last November...I'm SURE the six cats on the property had NOTHING to do with that...the damn mutts are WRONG 55% of the time, and should never be consider 'probable cause' IMHO.
You must get out of your car if an officer orders you to. You must provide your driver license if requested. As far as a pat down or a search, it’s WOOOOAHHH NELLIE!! These two requests are not legal orders without a warrant and can be refused.
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