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Social Police impounded my car

OpiateKiller

OpiateKiller

Bluelighter
Joined
Feb 14, 2019
Messages
2,364
Friday night I was pulled over for and instantly told to get out of the car. I was told they had probable cause to search the vehicle because I left a “suspected drug area” I did not consent to a search so they said they were going to impound my car.

I’m wondering if anyone has had this happen to them how long I can expect them to have my car? I’m pretty pissed off but I stand on constitutional rights and I don’t believe being parked on a street is just means to search a vehicle.
 
You might need to talk to a lawyer man, that seems odd to me.

If they thought you had drugs, but you denied search consent, why didn't they just bring a dog?

They didn't charge you with any crime or any citations?
 
You should be able to get the fee waived if you can prove in court it was impounded in error.

You weren't charged or ticketed with anything?
 
Snafu in the Void said:
You might need to talk to a lawyer man, that seems odd to me.

If they thought you had drugs, but you denied search consent, why didn't they just bring a dog?

They didn't charge you with any crime or any citations?
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Denisovan said:
You should be able to get the fee waived if you can prove in court it was impounded in error.

You weren't charged or ticketed with anything?
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I was given a ticket for failure to use a turn signal. I was not arrested for anything, they are going to apply for a search warrant from a judge and the supervisor told me they would get it.
 
OpiateKiller said:
I was given a ticket for failure to use a turn signal. I was not arrested for anything, they are going to apply for a search warrant from a judge and the supervisor told me they would get it.
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Insane.

Supreme Court 1930:

"The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will."
 
Denisovan said:
Insane.

Supreme Court 1930:

"The right of a citizen to travel upon the public highways and to transport his property thereon in the ordinary course of life and business is a common right which he has under his right to enjoy life and liberty, to acquire and possess property, and to pursue happiness and safety. It includes the right in so doing to use the ordinary and usual conveyances of the day; and under the existing modes of travel includes the right to drive a horse-drawn carriage or wagon thereon, or to operate an automobile thereon, for the usual and ordinary purposes of life and business. It is not a mere privilege, like the privilege of moving a house in the street, operating a business stand in the street, or transporting persons or property for hire along the street, which a city may permit or prohibit at will."
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Terry overturned that.

Terry stops are constitutional.

What happened to opiate killer doesn't seem like it's constitutional since they didn't have any probable cause that any crime was being committed at that time.
 
OpiateKiller said:
I was given a ticket for failure to use a turn signal. I was not arrested for anything, they are going to apply for a search warrant from a judge and the supervisor told me they would get it.
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You need to get the public defender to file a motion objecting to the search warrant.

They have to have an articulable suspicion of a crime being committed in order to take your car like that.
 
OpiateKiller said:
Friday night I was pulled over for and instantly told to get out of the car. I was told they had probable cause to search the vehicle because I left a “suspected drug area” I did not consent to a search so they said they were going to impound my car.

I’m wondering if anyone has had this happen to them how long I can expect them to have my car? I’m pretty pissed off but I stand on constitutional rights and I don’t believe being parked on a street is just means to search a vehicle.
Click to expand...
This is a violation of the 4th amendment and if read down further a possible violation of the 5th amendment to the constitution of the United States. This is why I strongly dislike cops and the don't trust the legal system. The founding fathers( yeah, yeah, start your bitching about them, I know all the shit your going to say, but they were men of their time) of this country did not want a police state. They did not want a person to have any property seized unless their was a probable cause and a trial then after a trial and all that, if found guilty, then they could take your property( property meaning not just land but also possessions, and the power hungry politicians, judges, police and feds will do anything to chip away at those rights.
This is a bullshit case. Now if in fact you did make a turn without a turn signal then they could write you a ticket, and that is it. If they had any just cause to search your car they would have. And if you had done anything worse than a minor traffic infraction, they would have arrested you. This is bullshit, but the question remains, will they find anything. No I don't want an answer, unless it is a definite no. The worst part is, that this could take a while and even if they can't do anything these dickheads might try to slap you with an impound fee. You are an American right? This is why I dislike( I can say that without getting in trouble, right?)cops and our legal system. They violate the very foundation upon which the criminal justice system is based on. I am definitely no spring chicken, and I have seen the cops getting dumber, more aggressive and the legal system eroding away our constitutional rights. It seems like these people enjoy making other people miserable. Even if you do get a decent judge who tells them this is nonsense, nothing will happen to them.
Then there is the small chance that they will plant evidence on your car. The cops will also possibly lie to get the warrant. I am assuming you are American. And you are right that being parked on a street is not just means to search a vehicle.
 
That made no sense. Anyway suspected drug area what can they mean. Are they scared couldn't they have gathered it. Rendering it a drugless area. Or do drugs spring up where they were before - is it the Easter bunny
 
I seriously doubt the act of you leaving an area known for drug use is enough probable cause to even pull you over neverminded search your car. Im not a lawyer though do like watching all those police videos and have learned some valuable information on how to act during specific police interacts.

Can they pull you over and search your car and impound it, sure they did it. was it legal, I doubt it. Unfortunately the court process is hard to navigate and a lawyer should be obtained.

Is there anything missing from this story, because it does sound insane.
 
That is so goddamn fucked. Get in touch with a lawyer and get your car back cause that is some fuck shit right there. I mean wtf if you live in a suspected drug area can they fucking impound your car all they want? That is just fucked
 
I’ll let you guys know what happens. I didn’t consent to a search because I knew if they did arrest me I’d be less likely in a position to fight it. There’s definitely drugs in there and I think the whole thing was ridiculous. I should sue them honestly
 
They have up to 14 days to get the warrant and can hold the car for 30. My lawyer called the PD nothing yet. He’s a paid attorney thankfully
 
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