Are Raver Accessories Grounds To Search A Car? Please help!

M

[-.=Mokie420=.-]

Bluelighter
Joined
Dec 2, 2001
Messages
70
Location
Creve Coeur, MO
All in all I consider myself lucky, but I'm more pissed right now than I've ever been. Can somebody help me here.
I'm from St. Louis, MO, and I need to tell you that it's 25 degrees & snowing right now.
On my way to school, I was pulled over for allegedly driving 45 in a 35 when I was doing no more than 30. The officer took my licence and insurance, etc., and then asked if he could search my vechile. I politely said that I didn't consent to a search of my person or my vehicle as I was already late to school. I asked to see the radar gun for proof of my speeding. The officer refused and headed back to his car.
A few minutes later, another officer arrived @ the scene and approached my window with his gun drawn. I was ordered to get out of my car or "you'll fucking regret it." I was pulled out of my car and thrown to the ground and forced to remain on the snow covered ground @ gunpoint for 20 minutes while they searched my car.
The officer said that my car was being searched for methamphetamines (specifically MDMA) and LSD. When I asked what probable cause he had to search me, he said that my kandee bracelets and my flyers on the seat were drug paraphanelia. They tore the fuck out of my car and never found anything and eventually let me go. I took down the 1 officers badge #, but the other one who held me @ gun point took off his badge before I got off the ground.
I was 45 minutes late to class and missed a very important test that may jeporadize my grade severely. Do I have any legal recource in this situation? I can't imagine that bracelets on my shifter knob and flyers on my seat can be considered probable cause. I pay $4000 a semester to go to school, and they just threw about $1000 of that out the fucking window. What the hell should I do?
Also, most everything in my car was destroyed. CDs were smashed during the search and my blacklight, etc., were all thrown into the snow during the search. Most of my books were ruined, and everything I was wearing is fucking covered in oil and dirty snow. Tell me this wasn't legal, please?
 
No, if this is an accurate description of the incident, it is absolutely not legal. You have a good lawsuit against the cops, both personally and the department.
United States Federal Code sec 1983 makes civil rights violations actionable in a civil suit for damages. Contact a local attorney, if the facts really are as you described you'll have to beat off the lawyers with a stick. They'll be lining up to represent you.
Certain types of profiling for drug use/sales have been upheld as probable cause to search, but they haven't extended that to jewelry or rave flyers yet. Even if they did have probable cause to search, the search must be conducted in a reasonable manner(4th ammendment) and the cops clearly exceded that standard.
 
If this is true then it is one of the most obscene abuses of Police power that I have read about. Besides Dr Gonzo's advice, which I would pursue like a rabid dog, I would
a) Go to the aclu website and file a report/complaint.
b) Take pictures of every damn thing they touched and get them dated.
c) Write down every detail I could think of before I forgot anything.
d) Try to find any witnesses.
e) File a complaint with the local PD.
f) Mostly, go to the attorney and get the ball rolling. I agree that any competent attorney would love the PR and attention this suit will bring. If you don't want your name to hit the news, make sure you make that clear up front.
g) Last time I checked, the paraphernalia laws did not extend to jewelry and rave flyers. You are so going to win this case if you get a decent attorney.
 
did the cops write you a ticket? if not that will greatly help your case. don't worry about not getting the second cops badge # yout lawyer will be able to. now starting writing everything down because cops will lie. write down when and where you where pulled over, when the second cop arrivide, and as was said before take pictures of everything they broke. also get a letter form your prof saying you missed the exam with what time it was scheduled ( hopefully with a statement that you had great attendence in the class.
also talk to the prof explain what happened he might let you retake the test,
 
damn, you just got a goldmine dropped in your lap! I wish things like this would happen to me, oh wait it already has. the only difference was that the grounds for the search was a "NORML" and a "LEGALIZE IT" bumper sticker. after a exhaustive search of my van and my person i was eventually realeased with no ticket of any kind. i was extremely pissed off at what happened and wish i would have had the pressence on mind to hire a lawyer. oh well..
[-.=Mokie420=.-] ---> keep us posted on what happens please, i am very interested to see how this turns out.
 
That's horrible man. Good luck with the case; keep us informed! Can't wait to see how it comes out. We're all rooting for ya...
phys-ex
 
Update - my lawyer has been talking back and forth with the police for a while now, and they really don't want this to go to court. They are talking about offering me a settlement, but it'll have to be a hell of a good one. I know if I go to court I probably won't get as good of a settlement, but I'm almost willing to do it 'cause they say I have to sign a non-disclosure agreement not to tell the news, etc., if I take their settlement. What should I do, fellow Bluelighters? One positive note - one of my fellow ravers found out what happened (he saw it as he drove by and met me later at a party) and got me hooked up with 2 free grams of molly. Good shit!
 
Just a guess here, but I do believe that most suits are public records, so even if you don't tell the news, the news could somehow get wind of it and ask to see the records, then report on it despite missing a great source (you). But like I said that's just a guess, ask your lawyer to be sure.
 
Contact the ACLU. They have seen more than enuff of this sort of shit and I am sure that you will be able to get some help from them.
 
It's incidents like these that remind you just why cops are referred to as PIGS!!!
Sorry, but I'm fuming with anger right now too, after having read your story. I actually have tears in my eyes. I can only imagine how angry you were after the incident.
I'd like to know what punishment was given to the officers. They're not still patrolling the streets are they?
About the settlement, what % of it does the lawyer get?
Is it enough to appease your anger?
Think less of the collateral damage they have caused, but more about the psychological & emotional damage, not to mention the embarrasment that you have suffered.
How much is that really worth???
Remember that police care more about their own than civilians, it's in the training.
In my country, even the slightest incidents regarding police get a lot of publicity.
At a cricket game, police confiscated a beach ball that the crowd were rather enjoying playing with.
B]THAT WAS ON THE FRONT PAGE OF THE NEWSPAPER,[/B] not to mention all the news and sports programs and that is nothing compared to what was done to you.
I sincerely hope that justice gets served, and that you are completely satisfied with whatever action that you do decide to take.
All the best.
 
I would take a reduced settlement to expose what they did anyday. The public should know what is going on. This will do a far better job of preventing them from doing it in the future. One more victory against the WOD, too, when people find out how close they are to having the same thing happen to them (whether they do drugs or not). People should know just how unacceptable WOD tactics have gotten. Things are just going to get worse otherwise. They've probably gotten away with it in the past if they were so bold about it this time.
 
Mokie you know well enough how the people of this board feel about violations of basic civil rights. Are you going to let them buy you off so they can keep doing it? A decision you have to make.
By the way, you will get bigger money if you take it to court. Out of court settlements are reduced amounts which are given in trade for not having to fight something in court. If you take the settlement then you'll have to agree not to expose what the police did. They'll keep doing it to others in hopes of making an arrest, where they will get away with it.
Oh, and don't incriminate yourself about drugs on this board. It's fine to talk about use, etc, but don't say you got "2 grams of molly for free". That's asking for trouble.
[ 11 March 2002: Message edited by: Exx_head ]
 
hey mokie... sorry that happened to you... i hate to hear about things like that happening because it gives all of us in law enforcement (i've been an officer for 13 years) a bad reputation.
i have a couple of questions for you. have you made a specific complaint against those two police officers? if you have, then that will force that agency to conduct what's called an internal affairs investigation. this is good for a couple of reasons. number one is that at the conclusion of the investigation it will be PUBLIC RECORD. and number two is that in my experience that vast amount of public complaints are generated by a small number of "bad" officers. we need to get those officers out of law enforcement and establishing a record of unacceptable behavior is the best way.
what i've suggested may run contrary to the deal your attorney has been given so check with him/her first.
everyone PLEASE remember that the police mokie had to deal with certainly do not represent all law enforcement officers. those of us who strive for professional conduct hate it more then you can imagine when we hear of this type behavior.
mokie, if the incident occurred as you described it do not let them go unpunished.
take care all.
 
Not saying that I don't believe what you are saying, I find it slightly hard to beleive that the cops were that harsh. Police dont want bad publicity. And doing what you say they did, would be very bad publicity!
Where I'm from (Midwest) police do have ground to search a car without consent if they do see paraphernalia. It also helps a great deal if they have been trained to identify the "tell tale" signs of the particular drugs.
 
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